ANUPUM GUPTA Vs. UNITECH LIMITED

JUDGEMENT

(1.) Smt. Savitri Garg, and complainant No. 3 Mrs. Mridu Agarwal booked a residential flat with the opposite party in the project namely 'Exquisite Nirvana Country-2', which the OP was to develop in Gurgaon. Vide allotment letter dated 19.6.2012, Flat No. J2-06-0601 in the above referred project was allotted to them for a consideration of Rs.1,57,12,850/-. Thereafter, they executed an agreement with the OP on 30.7.2012, incorporating the respective rights and obligations of the parties in respect of the said allotment. As per Clause 4(a)(i) of the agreement, the possession was to be offered within a period of 36 months from its execution. The possession therefore, ought to have been offered by 30.7.2015. The case of the complainant is that after execution of the agreement the name of Mrs. Savitri Garg was deleted from the allotment and the name of Anupam Gupta and Nirupam Agarwal was added. This is sought to be proved by relying upon the receipts issued by the OP in favour of Anupam Gupta, Nirupam Agarwal and Mridu Agarwal on 01.3.2014, 5.2.2014, 18.4.2013, 4.4.2013, 6.3.2013 and other dates.

(2.) The grievance of the complainant is that the possession has not even been offered to them despite they having paid Rs.1,53,40,630/- to the OP. The complainants are therefore, before this Commission, seeking possession of the allotted flat, complete in all respects or in the alternative refund of the amount paid by them to the OP, along with compensation.

(3.) The OP did not file its written version, despite service on 7.3.2019 and therefore its right to file written version was closed vide order dated 12.7.2019.