SUMEET NARANG Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a project namely 'Fresco Nirvana Country' which the OP was to develop in Gurgaon. A residential flat in the aforesaid project having been allotted to them for a consideration of Rs.62,30,295/- they executed a sale agreement with the OP on 15.01.2007, incorporating their respective obligations in respect of the said allotment. As per clause 4(a)(i) of the agreement, the possession was to be delivered to the complainants by March 2009. Vide letter dated 21.05.2016, the authorized signatory of the OP advised its Site Engineer of the project to deliver possession of the flat to the complainants. A copy of the said letter was endorsed to the complainants. The case of the complainants is that on receipt of the aforesaid letter, they asked the OP to show the Occupancy Certificate and also execute the Conveyance Deed in their favour but no satisfactory reply to the said request was given by the OP. Since the physical possession of the flat was not given to them despite they having paid more than Rs.60,00,000/- to the OP, the complainants are before this Commission seeking refund of the amount paid to the OP or in the alternative, delivery of possession of the allotted flat complete in all respects in a habitable condition.

(2.) The OP filed its written version contesting the complaint on several grounds but has not filed any affidavit by way of evidence. I have heard the learned counsel for the complainants and have considered the affidavits filed by the complainants by way of evidence.

(3.) The allotment made to the complainants as well as the execution of the agreement with them has not been disputed in the written version filed by the OP. They have also not disputed the amount received from the complainants.