RAJ KUMAR DHIMAN Vs. UNITECH LTD

JUDGEMENT

(1.) A residential plot in a project namely "Uniworld City" which the opposite party was to develop in Sector 107 of Mohali in Punjab was booked by SDS Contractors & Builders Private Limited. Plot No. 0080 in Block B was allotted to the aforesaid company by the opposite party for a consideration of Rs.74,72,010/-. The said allotment was later purchased by the complainant and the buyers' agreement, which the opposite party had executed with SDS Contractors & Builders Pvt. Ltd. on 02.4.2008, was endorsed in favour of the complainant on 05.5.2011. In terms of Clause 4.A(i) of the said agreement, the possession of the plot was to be delivered within thirty six months of its execution. Therefore, the possession ought to have been delivered by 02.4.2011. Even if the time for delivery of possession is computed from the date of transfer of the allotment to the complainant, the possession ought to have been delivered by 05.5.2014. This complaint was instituted much later in the year 2017. The grievance of the complainant is that the possession of the plot has not even been offered to him despite he and his predecessor having already paid a sum of Rs.90,55,800/- to the opposite party. The complainant is therefore before this Commission, seeking refund of the aforesaid amount along with compensation etc.

(2.) The opposite party did not file its written version despite having been served on 03.10.2017. The right of the opposite party to file its written version therefor was closed vide order dated 25.1.2018.

(3.) I have heard the learned counsel for the complainant and have considered the affidavit filed by the complainant by way of evidence.