VIKAS SAIGAL & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely 'Exquisite, which the opposite party was to develop in Sector-117 of Noida. Vide allotment letter dated 04.12.2012, Apartment No.0203 in Tower A-3 of the aforesaid project was allotted to the complainants for a consideration of Rs.98,79,442/-. As per clause 5.A(i) of the terms and conditions of allotment, the possession was to be delivered within 36 months from the execution of the said agreement, though the OP had a grace period of six months available to it. The possession of the flat therefore, ought to have been delivered by 04.12.2015 or latest by 04.06.2016. The grievance of the complainants is that the possession of the flat has not even been offered to them despite they having already paid Rs.46,51,482/- to the OP. The complainants are, therefore, before this Commission seeking refund of the amount paid by them along with compensation.

(2.) The OP did not file its written version despite service and therefore, its right to file the written version was closed vide order dated 08.12.2017.

(3.) I have considered the affidavits filed by the complainants by way of evidence and have heard the learned counsel for the parties. The documents filed by the complainants prove the allotment made to them by the OP as also the date by which the possession was to be delivered to them. Since the OP has failed to deliver the possession of the flat allotted to the complainants, they are entitled to refund of the amount paid by them to the OP alongwith compensation.