RAMESH KUMAR GARG Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked residential flats with the opposite party in a project namely 'Unitech South Park' which the opposite party was to develop in Gurgaon. On allotment of one residential flat in each case, the concerned complainants executed Apartments Allotments Agreements with the opposite party on different dates. As per Clause 4a(i) of the agreements, the possession was to be delivered within thirty six months from its execution. The following are the particulars of the allotments made to the complainants, the dates by which the possession was to be delivered to them, the sale consideration agreed for the allotted flats and the payments made to the opposite party. The said particulars have been provided by the learned counsel for the complainants today in the Court.

(2.) The opposite party did not file its written version despite service and therefore its right to file the said written version was closed. I have heard the learned counsel for the parties and have considered the affidavits and documents filed by the complainants.

(3.) The affidavits and the documents filed by the complainants prove the allotment made to them as well as the agreement which they had executed with the opposite party. The said affidavit and the documents also prove the payment, which the complainants have made to the opposite party. Since the possession of the allotted flats has not been even offered to them and more than three years from the last date stipulated for delivery of possession have already expired, the complainants cannot be compelled to wait indefinitely for the possession of the allotted houses and they are entitled to seek refund of the amount paid by them, along with appropriate compensation.