PURNIMA KAPUR & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) In the year 2006, complainants had applied for booking of an apartment in the residential complex 'Unitech Horizon' situated at Plot No.6, Sector P1-2, Alistonia Estate, Greater Noida, Uttar Pradesh undertaken to be developed by the opposite party. The complainants were allotted apartment no. 0503 on 5th floor of Tower 22 having super area of 1695 sq. ft in the said Complex vide allotment letter dated 07.07.2006. The agreed consideration amount payable by the complainants was Rs. 43,53,008/- and the opposite party was supposed to deliver possession of the subject apartment to the complainants by 15.11.2008.. It is the case of the complainants that they have in all paid sum of Rs. 41,63,972/- to the opposite party against the agreed consideration amount. Despite that opposite party has failed to complete the construction and deliver possession of the apartment after expiry of stipulated date of delivery of possession. It is alleged that complainants visited the site of construction and on making enquiries from the technical staff of the site, they were informed that construction of Tower No.22 shall take at-least 9-12 months. As a matter of fact, no major construction activity has been undertaken by the opposite party at the project site. Claiming failure of the opposite party to construct and deliver possession of the allotted apartment till date to be deficiency in service, the complainants have raised the consumer dispute seeking following prayer:

(2.) Opposite party despite service of notice of the complaint has failed to file written statement within the limitation provided under section 13 (2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing written statement was made. Counsel for the opposite party stated at the bar that opposite party relies upon the terms and conditions of the agreement already placed on record. Right of the opposite party to file written statement was, therefore, closed on 26.03.2018.

(3.) Mr. Nand Kishore Anand, authorised representative of complainants has filed his affidavit in support of the allegations made in the complaint.