RITU SAHAI Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant and her husband late Mr. Kanwaljit Singh Sahai booked a residential apartment with the OP in a project, namely, 'Unitech Habitat' which the opposite party was to develop in Sector Pi-II of Greater Noida in U.P. Vide allotment letter dated 02.11.2006, Apartment No.102 in Tower-1 of the aforesaid project was allotted to them for a consideration of Rs.64,49,917/-. As per clause 4.a(i) of the terms and conditions of allotment, the possession was proposed to be delivered to the allottees within 36 months thereof. The possession thus ought to have been offered by 02.11.2009. The grievance of the complainants is that possession was not offered to them despite they having already paid of Rs.61,69,441/- to the opposite party, namely, Unitech Ltd.

(2.) The late husband of the complainant had died even before institution of this complaint. He was survived by only two Class -1 legal representatives, namely, complainant - Smt. Ritu Sahai and his son Sanjeet S. Sahai who executed a Relinquish Deed dated 22.12.2018 in favour of the complainant thereby relinquishing his rights, title share and interest as a legal heir of his deceased father in the subject property. Therefore, the complainant is competent to maintain this complaint.

(3.) The OP did not file its written version despite having been served on 20.03.2017 and, therefore, its right to file the said written version was closed vide order dated 01.09.2017.