ROHIT ANAND Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely 'Unitech Habitat', which the opposite party was to develop in Sector 96, 97 and 98 of Noida. Vide allotment letter dated 28.11.2007, residential flat No. 2101 in Tower 2 Block 03 was allotted to the complainant for consideration of Rs.2,64,03,512/-. As per Clause 5 (a) (i) of the terms and conditions of the allotment, the possession of the flat was to be delivered by 30.9.2010. The terms of allotment were later modified so as to reduce the consideration to Rs.1,61,45,485 and the possession was to be delivered within thirty months from July, 1, 2009, meaning thereby that the possession still ought to have been delivered by 1.1.2012. The grievance of the complainant is that despite they having paid Rs.1,30,83,971.25 to the opposite party the possession has not been delivered to them. The complainants are therefore before this Commission, seeking refund of the amount paid by them along with compensation.

(2.) The opposite party did not file its written version and its right to file the said written version therefore was closed vide order dated 19.12.2017.

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