AMAL GANGULI Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential apartment with the OP in a project namely 'The Exquisite' in Nirvana Country-2 which the OP was to develop in Gurgaon. Vide allotment letter dated 24.03.2014, flat no. 0703 in Tower/Block-1 of the said project was allotted to them for a consideration of Rs.1,96,68,320/-. They then executed an Apartment Buyers Agreement dated 21.03.2014 with the OP incorporating their respective obligations in respect of the said allotment. As per clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months of its execution, meaning thereby that it ought to have been offered by 21.03.2017. The grievance of the complainants is that the possession has not even been offered to them despite they having already paid Rs.1,77,95,300/- to the OP. The complainants are therefore, before this Commission seeking refund of the amount paid by them to the OP alongwith compensation etc.

(2.) The OP was served on 21.04.2018 but did not file its written version in time. On 29.05.2018, the OP was granted 30 days to file its written version subject to deposit of Rs.10,000/- as cost with the Legal Aid Account of NCDRC. However, neither the cost was deposited, nor the written version was filed. Hence, the right of the OP to file the written version was closed vide order dated 14.01.2019.

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