SHALABH GUPTA & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely 'Unitech South Park', which the opposite party was to develop in Gurgaon. Vide letter dated 30.3.2011, Flat No.0004 in Block A-1 of the aforesaid project was allotted to them for a consideration of Rs.7619766/-. The parties then executed a Sale Agreement dated 27.4.2011 incorporating their respective obligations in respect of the said transaction. In terms of clause 4.a.(i) of the said agreement, the possession was to be delivered within 36 months from the execution of the said agreement. The possession thus ought to have been delivered by 27.4.2014. The grievance of the complainants is that the possession of the flat has not even been offered to them despite they having already paid Rs.7524010/- to the OP. The complainants are, therefore, before this Commission seeking possession of the flat allotted to them or in the alternative refund of the amount of Rs.7524010/- along with compensation, etc.

(2.) The opposite party did not file its written version and, therefore, its right to file the said written version was closed vide order dated 25.08.2017. I have heard the learned counsel for the complainants and have considered the affidavit filed by the complainants by way of evidence. No one is present for the opposite party.

(3.) The affidavit filed by the complainants coupled with the documents filed by them show the allotment made to them as well as the contractual obligation of the opposite party to offer possession of the flat to the complainants within three years from 27.4.2011. The OP has defaulted on its contractual obligation and has been deficient in rendering services to the complainants by not delivering possession of the flat allotted to the complainants.