N SWAROOPA Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants, namely, D. Rameshbabu and Swaroop Nandakumar booked a residential flat with the OP in a project namely 'the Exquisite" Nirvana Country-2, which the OP was to develop in Gurgaon. Vide allotment letter dated 16.09.2010, flat no. 0103 in Block-A1 of the above-referred project was allotted to them for a consideration of Rs.12428000/-. The parties then executed a Sale Agreement on 20.10.2010 incorporating their respective obligations in respect of the transaction. 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 the possession ought to have been delivered to them by 20.10.2013. The possession having not been offered to them despite they having already paid Rs.10657663/- to the OP, they are before this Commission seeking refund of the amount paid by them to the OP alongwith compensation etc.

(2.) The OP did not file its written version despite service and, therefore, its right to file the written version was closed vide order dated 27.9.2018.

(3.) I have heard the learned counsel for the complainants and have considered the affidavit and the documents filed by them. No one is present for the OP when the matter is called.