VED KAUR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely 'Unitech South Park' which the OP was to develop in Gurgaon. Apartment No.0801 on 8th floor in Block D2 was allotted to her for a consideration of Rs.1,20,71,414/-. She then executed an agreement with the OP on 20.03.2013, incorporating the rights and respective obligations of the parties in respect of the said booking. As per clause 4(a)(i), the possession was to be offered within 36 months from its execution meaning thereby that the possession ought to have been delivered by 20.03.2016. The possession having not been offered to her despite she having paid Rs.55,31,496/- to the OP, she is before this Commission seeking refund of the amount paid to the OP alongwith compensation.

(2.) The OP did not file its written version despite service on 14.11.2018 and therefore its right to file the written version was closed on 26.03.2019. I have heard the learned counsel for the parties and have considered the affidavits and documents filed by the complainant.

(3.) The affidavit and documents filed by the complainant prove the allotment made to her as well as the agreement which she had executed with the opposite party. The said affidavit and documents also prove the payment, which the complainant made to the OP. Since the possession has not been offered to the complainant and more than three years from the last date stipulated for the purpose have already expired, she is entitled to seek refund of the amount paid by her to the OP, along with appropriate compensation.