SIMIRA SWAROOP Vs. UNITECH LIMITED

JUDGEMENT

(1.) Simira Swaroop and Mukul Swaroop, the complainants herein jointly booked apartment no..1002 having super area 1705 sq.ft. on the 10th floor of Tower No.23 of Group Housing Development Project "Unitech Horizon" situated at Plot No.6, Sector PI-2, Alistonia Estate, Greater Noida undertaken by the opposite party developer. As per the allotment agreement, the complainant was required to pay Rs.,49,42,755/- as total consideration for the apartment. The opposite party was to deliver possession of the apartment by 15.11,2008. It is the case of the complainant that they have paid Rs. 47,32,755/- against the consideration amount. The opposite party, however, despite of having received almost entire consideration amount has failed to adhere to the timeline for delivery and failed to deliver possession even more than eight years after the stipulated date. Being aggrieved, the complainants have filed consumer complaint seeking refund of sum of Rs.47,32,755/- paid to the opposite party alongwith 18% interest p.a. besides compensation and cost of litigation.

(2.) Opposite party despite service of notice of the complaint has failed to file written statement within the limitation provided under section 13 (2) of the Consumer Protection Act, 1986. On 10.01.2018, counsel for opposite party appeared in the proceedings but no request for condonation of delay in filing written statement or extension of time was made. Accordingly, right of opposite party to file written statement was closed.

(3.) Complainants have filed evidence supporting the allegations made in the complaint.