JASWINDER KAUR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant initially booked a residential plot with the opposite party in a project namely 'Uniworld City', which the opposite party was to develop in Sector 107 of Mohali in Punjab. The parties also executed an agreement to sell on 27.1.2009. Later on, the allotment was changed to another plot in the same project and plot No.0035 in Block-A of the project was allotted to them for a consideration of Rs.89,71,794/-. The said plot was to be developed in Sector-97 of Mohali. The parties then executed a fresh buyers' agreement dated 26.12.2011, 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 eighteen months of its execution, subject of course to the force majeure circumstances. The possession therefore ought to have been offered by 30.6.2013. The grievance of the complainant is that the possession has not been offered to her, despite she having already paid Rs.85,62,762/- to the OP.

(2.) The affidavit by way of evidence filed by the complainant is taken on record. The right of the opposite party to file its written version has already been closed vide order dated 30.8.2017.

(3.) I have heard the learned counsel for the parties. The affidavit and documents filed by the complainant prove the allotment made to her as well as the payment which she made to OP. The possession of the allotted plot having not been delivered to her, she is entitled to a direction for the possession of the said plot with compensation etc.