PRABIR KUMAR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a project namely "Exquisite" which the OP was to develop in Nirvana Country-2, Gurgaon, Haryana and apartment no. 1201 in Block J-2 was allotted to them for a consideration of Rs.2,83,20,210/-. The parties then entered into a Buyers Agreement dated 05.11.2011, incorporating their respective obligations. As per clause 4.a.(i) of the Buyers Agreement, the possession was to be delivered within 36 months thereof, meaning thereby that the possession ought to have been delivered by 05.11.2014. The grievance of the complainants is that the OP has not even offered possession of the flat allotted to them despite they having already paid a sum of Rs.2,54,65,655/-. The complainants are therefore, before this Commission seeking possession of the apartment to them or in the alternative, refund of the entire amount paid by them alongwith compensation in the form of interest @18% per annum.

(2.) The OP did not file its written version despite service of notice upon it on 06.09.2017 and its right to file the written version therefore, was closed vide order dated 29.11.2017. I have heard the learned counsel for the complainants and have gone through the affidavit by way of evidence filed by the complainants.

(3.) The affidavit by way of evidence filed by the complainants alongwith their documents clearly show that apartment no.1201, on 12th Floor, Block J-2 was allotted to them for a consideration of Rs.2,83,20,210/-. The Buyers Agreement also shows that the possession was to be delivered within 36 months of its execution. The possession therefore, ought to have been delivered by 05.11.2014. Since the possession has not been delivered, the complainants are no more interested in waiting for the same and want refund of the entire amount paid by them alongwith compensation.