REAR ADMIRAL (RETD ) KIRPAL SINGH Vs. UNITECH LIMITED

JUDGEMENT

(1.) The brief facts relevant for the disposal of the present consumer complaint are that the complainant had alleged that the opposite party had advertised that the opposite party is developing a Group Housing Complex, namely, 'UNITECH HABITAT' located at Plot no. 9, Sector Pi II (Alistonia Estate), Greater Noida, District Gautam Budh Nagar, Uttar Pradesh and invited application from the interest parties. The complainant made an application on 15.06.2006 for the allotment/ registration of a residential apartment in the aforesaid Group Housing Complex and were issued with a receipt no. 1587 on 15.06.2006 by the opposite party, towards the acknowledgment of payment of Rs.5 lakh as booking amount out of the total sale consideration of Rs.72,14,504/-. Apartment allotment agreement was duly executed between the complainant and the opposite party on 16.06.2007. The complainant made total payment of Rs.65,51,998/- during the period from 15.06.2006 to 03.02.2009 for which receipt nos.1587, 1725, 2379, 2931, 3551, 003972, 004617, 005212, 005723, 006158, 006820 and 0072117 dated 15.06.2006, 05.10.2006, 07.12.2006, 01.03.2007, 29.05.2007, 29.08.2007, 29.11.2007, 28.02.2008, 28.05,2008, 23.08.2008, 04.12.2008 and 03.02.2009 respectively were issued. The possession of the apartment was to be delivered within 36 months of the signing of the agreement, i.e, by 15.06.2016.

(2.) The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 03.12.2016 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present complaint. In the complaint the complainant has prayed for refund of Rs.1,36,28,155/- along with interest @ 18% per annum from the date of institution of the present complaint till realisation of the said amount.

(3.) The opposite party was duly served of the complaint. However, despite service of notice upon them, no written statement was filed. The complainant led evidence by filing affidavit evidence.