DEEPAK TANEJA & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely 'Anthea Floors', Gurgaon and vide letter dated 02.8.2011, Flat No. F-01-0021 of the aforesaid project was allotted to them for a consideration of Rs.1,34,07,119/-. The parties then executed a sale agreement dated 02.11.2011, incorporating their respective obligations. In terms of Clause 4a(i) of the aforesaid agreement, the possession was to be delivered within thirty-six months of its execution. The possession therefore, ought to have been delivered by 02.11.2014. The case of the complainants is that the possession has not been delivered to them, despite they having already paid Rs.59,18,811/- to the opposite party. The complainants are therefore before this Commission, seeking refund of the amount paid by them, along with compensation.

(2.) The opposite party did not file its written version, despite service and its right to file the said written version was therefore closed vide order dated 21.4.2017. I have heard the learned counsel for the complainant and have considered the affidavit filed by the complaint by way of evidence. No-one is present for the opposite party when the matter is called.

(3.) The documents filed by the complainants coupled with their affidavit prove the case set out in the complaint. The possession of the flat ought to have been delivered to them by 02.11.2014. The possession having not been delivered, they are entitled to refund of the amount paid by them along with compensation in the form of appropriate interest. The learned counsel for the complainants submits that though no written version has been filed in this case, several other consumer complaints in respect of this very project have already been allowed by this Commission, after rejecting the grounds on which the said consumer complaints were contested. Reliance in this regard is placed upon the decision of this Commission in CC/1232 of 2016 Ravikant Bhatt Vs. Unitech Ltd. decided on 22.9.2016, which to the extent it is relevant reads as under: