OM PRAKASH CHHABRA Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant, namely, Om Prakash Chhabra booked a residential flat with the OP in a project namely 'Unitech South Park, which the OP was to develop in Sector 70 of Gurgaon. Vide allotment letter dated 28.03.2011, unit no. 1101 in Block-A2 in the aforesaid project was allotted to him for a consideration of Rs.9761600/-. The parties then executed an Apartment Allotment Agreement dated 23.08.2011, 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 of the execution of the agreement. The possession therefore, ought to have been offered by 23.08.2014. The case of the complainant is that the possession has not even been offered to him despite he having already paid Rs.3113852/- to the OP. The complainant is, therefore, before this Commission seeking refund of the aforesaid amount alongwith interest etc.

(2.) The opposite party did not file its written version despite service and its right to file the same was closed vide order dated 4.6.2018.

(3.) I have heard the learned counsel for the parties and have considered the affidavit filed today by the complainant by way of evidence.