AJIT SHARMA Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) This is an application for pre-ponement of the date of hearing. There is no objection to the said prayer. The hearing of the complaint is pre-poned. The application stands disposed of. CC/878/2017

(2.) Affidavit by way of evidence has already been filed by the complainant on 29.12.2017. The said affidavit is taken on record. The right of the OP to file its written version has already been closed vide order dated 31.01.2018.

(3.) The complainant booked a residential flat with the OP in a project namely 'The Residences' which the OP is developing in Sector-117 of Noida. Vide letter dated 22.03.2012, flat bearing no. B2-07-0702 in the aforesaid project was allotted to the complainant for a consideration of Rs.63,33,990/-. As per clause 5.A.(i), the possession was to be delivered to the complainant within 36 months. The possession therefore, ought to have been delivered by 22.03.2015. Since the possession in terms of the allotment has not been offered to the complainant, he is before this Commission seeking refund of the amount paid by him alongwith compensation etc. 2.As noted earlier, right of the OP to file its written version has already been closed. I have heard the complainant and the learned counsel for the OP and have considered the affidavit filed by the complainant by way of evidence.