PUNEET SINGLA Vs. UNITECH LTD

JUDGEMENT

(1.) Mr. Raj Kapoor and Mrs. Anita booked a residential flat with the OP in a project namely 'Unitech Cascades' which the OP was to develop at Greater Noida. Vide allotment letter dated 16.08.2005, apartment no. 0101 in Tower-3 of the aforesaid project was allotted to them for a consideration of Rs.37,41,969/-. As per clause 4(a)(i) of the terms and conditions of allotment, the possession of the apartment was to be delivered to the allottees by 31.03.2008. The said allotment was later purchased by the complainants and was transferred in their name vide endorsement dated 31.12.2007. The grievance of the complainants is that the possession has not even been offered to them despite payment of Rs.46,09,107/- to the OP. The complainants are therefore, before this Commission seeking refund of the aforesaid amount alongwith interest.

(2.) Vide order dated 08.02.2017, the OP was granted four weeks to file its affidavit by way of evidence. The said opportunity was to be the last opportunity for the purpose of filing the affidavit by way of evidence as well as the affidavit of admission/denial of documents. The OP did not comply with the said order. Thereafter, vide order dated 05.04.2017, it was granted another opportunity to comply with the said order within four weeks subject to deposit of Rs.10,000/- as cost with the Consumer Legal Aid Account of NCDRC. Though the affidavits were filed later on, the cost was not deposited. The aforesaid affidavits, therefore, shall not be taken into consideration. No one is present for the OP even on the third call.

(3.) The documents and the affidavits filed by the complainants prove the allotment made to them as well as the payment made to the OP in respect of the flat which was booked by the predecessors in interest of the complainants but was later transferred in their name. The possession of the apartment having not been delivered despite expiry of more than ten years from the last date stipulated for this purpose, the complainants are entitled to refund of the amount paid to the OP in respect of the said flat alongwith appropriate compensation.