RAJIV SHANKAR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants namely Rajiv Shankar and Geeta Shankar booked a residential flat with the opposite party in a project namely 'Unitech South Park, which the opposite party was to develop in Sector Gurgaon, Haryana. Vide allotment letter dated 04.6.2013, Flat No.0504, Block C-2, 5th floor (Customer Code No. USP0705) in the above referred project was allotted to them for a consideration of Rs.1,27,06,746/-. The parties then executed a Buyers Agreement on 28.6.2013, incorporating their respective obligations in respect of the said allotment. In terms of the Clause 4(a)(i) of the said agreement, the possession was to be delivered within thirty six months thereof, meaning thereby that the possession ought to have been offered by 28.6.2016. The grievance of the complainants is that the possession has not been offered and even the construction is not complete, despite they having already paid Rs.1,14,88,119/- to the OP.

(2.) The OP did not file its written version despite service on 27.10.2018 and therefore its right to file the written version was closed on 27.2.2019. I have heard the learned counsel for the complainants and have considered the affidavits and documents filed by the complainants.

(3.) The affidavit and documents filed by the complainant prove the allotment made to them as well as the agreement which they have executed with the opposite party. The said affidavit and documents also prove the payment, which the complainants made to the OP. Since the possession has not been offered to the complainants and more than three years from the last date stipulated for the purpose has already expired, they are entitled to seek refund of the amount paid by them to the OP, along with appropriate compensation.