CHETAN SHARMA Vs. UNITECH LIMITED

JUDGEMENT

(1.) Complainants had jointly booked a residential apartment in the development project 'Fresco' undertaken by the opposite party. They were allotted apartment no. 1401 on 13th Floor, Block 14 in the complex 'Fresco' located in Sector 50, Gurgaon, Haryana. As per the builder agreement dated 16.08.2007 between the parties, the opposite party builder was to deliver possession of the subject apartment to the complainants within 36 months. The consideration amount agreed between the parties was Rs.88,98,437/-. According to the complainants, against the agreed cost, they have paid sum of Rs.91,30,391/- as per the demands raised by the opposite party. Despite that opposite party did not adhere to the timeline and failed to deliver possession after expiry of 36 months period. The complainants thus filed the instant consumer complaint seeking following reliefs:

(2.) Notice of the complaint under section 13 (2) of the Consumer Protection Act, 1986. The opposite party despite of service of notice failed to file written statement within the stipulated period of 45 days including the extendable period. Thus, vide order dated 07.03.2017, right of the opposite party in view of the judgment of Hon'ble Supreme Court in Civil Appeal Nos. 10941-10942 of 2013 New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. decided on 04.12.2015 was closed.

(3.) The complainants have filed the affidavit of their Attorney-cum-Authorized Representative Sh. Gulshan Rai Sharma.