ABHISHEK AGARWAL Vs. UNITECH RELIABLE PROJECTS

JUDGEMENT

(1.) The complainants, namely, Abhishek Agarwal and. Mani Agarwal booked a residential apartment with the opposite party, namely, Unitech Reliable Projects Pvt. Ltd. in a project namely 'Capella' in Uniworld City, which the opposite party was to develp on plot No.GH-01, Sector-MU of Greater Noida. Vide allotment letter dated 31.07.2008, Apartment No.0702 in Tower 17 of the aforesaid project was allotted to them on the terms and conditions forming part of the allotment and executed on 30.8.2008. The price of the apartment was fixed at Rs.5618836/-. As per clause 4(a)(i) of the said terms and conditions, the possession of the apartment was proposed to be delivered to the allottees within 40 months of the execution of the said terms and conditions. The possession, therefore, ought to have been offered by 30.11.2011.

(2.) Subsequently, the allotment made to the complainants was shifted to another project, namely, 'Unitech Verve' which the opposite party was to develop in Greater Noida and vide provisional allotment letter dated 10.3.2011, flat No.03-13-1403 in the said project - 'Unitech Verve' was allotted to them for a consideration of Rs.5630075/-, on the terms and conditions executed on 29.3.2011. As per clause 4(a)(i) of the said terms and conditions, the possession of the apartment was proposed to be delivered within 15 months of their execution, meaning thereby that the possession ought to have been offered by 29.6.2012. The grievance of the complainants is that the possession of the apartment has not been offered to them despite they having already paid Rs.5373561/- to the OP. The complainants are, therefore, before this Commission seeking refund of the said amount alongwith compensation etc.

(3.) The OP did not file its written version. On 22.1.2018, the opposite party was granted time till 25.1.2018 to file its written version subject to deposit of Rs.10,000/- as cost with the 'Consumer Legal Aid Account' of NCDRC, failing which its right to file the said written version was to stand closed. However, neither the written version was filed nor the cost was deposited and, therefore, its right to file the written version was closed vide order dated 26.3.2018.