HIMANSHU SUNDRIYAL & ANR Vs. UNITECH LTD

JUDGEMENT

(1.) The affidavits filed by the complainants by way of evidence have been taken on record today. The copy has been supplied to the learned counsel for the OP. The right of the OP to file its written version has already been closed vide order dated 09.03.2018 since the OP did not file the said written version despite having been served on 30.12.2017.

(2.) I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants alongwith their documents.

(3.) The complainants booked a residential flat with the OP namely Unitech Ltd. in a residential project namely 'The Residences' which the OP was to develop in Sector-117 of Noida. Vide allotment letter dated 01.09.2012, apartment no. 0704 in Tower C1 was allotted to them on the terms and conditions annexed thereto, for a total consideration of Rs.62,04,856/-. As per clause 5A(i) of the terms and conditions of allotment, the possession of the apartment was expected to be delivered within 36 months thereof subject to force majeure circumstances. The possession therefore, was expected to be delivered by September 2015. The case of the complainants is that the possession has not even been offered to them despite they having already paid a sum of Rs.54,32,123/- to the OP. The complainants are therefore, before this Commission seeking possession of the aforesaid apartment or in the alternative, refund of the amount paid by them alongwith compensation etc.