ARUN KAPOOR & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The opposite parties have not filed affidavit of admission / denial of documents and affidavit by way of evidence. The right of the opposite party to file such affidavits therefore stands closed.

(2.) I have heard the learned counsel for the complainants. No-one is present for the opposite parties.

(3.) The complainants booked a residential apartment with the opposite parties in a project namely 'Harmony', which the opposite parties were to develop in Sector 50 of Gurgaon. Apartment No.0302 in Tower-7 of the aforesaid project was allotted to the complainants for a consideration of Rs.1,75,14,326/-. The parties then executed a sale agreement dated 29.7.2011, incorporating their respective obligations. The possession of the apartment in terms of the aforesaid agreement was to be delivered by fourth quarter of 2011, subject of course to force majeure circumstances. The possession therefore ought to have been delivered by 31.12.2011. Since the possession was not delivered to them, despite they having already paid a sum of Rs.1,73,61,755/- to the opposite parties, the complainants have approached this Commission, seeking possession of the allotted flat along with compensation etc.