MANJULA MAHAJAN & ANR MAHJAN Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants, Mrs. Manjula Mahajan and Umesh Mahajan booked a residential apartment with the Opposite Party in a project Unitech Habitat, which the OP was to develop on plot No. 9 in Sector-Pi-II of Greater Noida. Vide allotment letter dated 17.11.2006, apartment No. 002, Floor G, HBTN-Tower-I (unique customer code - HBTN-0788) of the aforesaid project was allotted to them on the terms and conditions annexed thereto. The total sale consideration of the apartment was agreed to be Rs.68,80,949/-. As per clause 4(a)(i) of the terms and conditions of the allotment, the possession of the apartment was proposed to be delivered to the complainants within 36 months thereof, meaning thereby that the possession ought to have been offered by 17.11.2009. Since the possession of the allotted flat was not offered to them despite they having paid Rs.62,15,597/- to the OP, the complainants are before this Commission, seeking refund of the aforesaid amount, along with interest, etc.

(2.) The OP filed its written version contesting the complaint, but was thereafter proceeded ex-parte vide order dated 23.04.2018, passed by Bench No.1 of this Commission.

(3.) The complainants have filed their affidavit by way of evidence. I have heard the learned counsel for the parties and have considered the documents filed by them.