MOHIT KATARIA Vs. GARDENIA INDIA LTD.

JUDGEMENT

(1.) This consumer complaint has been filed by the complainant namely Mohit Kataria, against opposite party namely M/s. Gardenia India Ltd. The brief facts of the consumer complaint are that the complainant booked a flat in the project of the opposite party and the agreement was executed on 10.02.2012. As per this agreement tentative date of possession was 31.08.2015. The total consideration of the flat was Rs.70,35,943/-. The complainant paid an amount of Rs.51,57,479/- till 20.05.2015. However, the possession was not delivered in time. The complainant has filed consumer complaint on 25.07.2017. It has been stated that till this time, no possession has been offered for the flat.

(2.) The notice was issued to the opposite party to file the written statement, however, despite service of notice, the opposite party did not appear, nor any written statement was filed.Hence, the opposite party was proceeded ex-parte vide order dated 07.03.2018 of this Commission.The complainant filed affidavit of evidence which has been taken on record.

(3.) Heard the learned counsel for the complainant and examined the record.