MUKUL ADLAKHA Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant namely Mukul Adlakha booked a residential flat in a project namely Unitech South Park which the OP was to develop in Gurgaon. Vide allotment letter dated 06.07.2012, flat no. C1-11-1103 in the above referred project was allotted to him for a consideration of Rs.1,10,28,160/- (Client ID No.USPO-537). The parties then executed an agreement dated 23.07.2012 incorporating their respective obligations in respect of the said transaction. In terms of clause 4(a)(i) of the said agreement, the possession was expected to be offered within 36 months of its execution. The possession therefore, ought to have been offered to the complainant by 23.07.2015. The possession having not been offered to him despite he having already paid a sum of Rs.47,90,614/- to the OP, the complainant is before this Commission seeking refund of the said amount with compensation etc.

(2.) The OP was served with the notice of admission of the complaint on 12.10.2018 but did not file its written version therefore, the right of the OP to file the written version was closed vide order dated 13.02.2019.

(3.) I have heard the learned counsel for the complainant and have considered the affidavit by way of evidence.