PRADEEP KUMAR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential floor with the OP in a project namely 'Ivy Terraces' which the OP was to develop in Sector-70 of Gurgaon. Unit No.00B, on plot No.88 was allotted to them for a consideration of Rs.19838514/-. The parties executed a Sale Agreement on 14.5.2014 incorporating their respective obligations. As per Clause 4(a)(i) of the agreement, the possession was to be delivered within 42 months of its execution meaning thereby that the possession ought to have been delivered by 14.9.2017. The grievance of the complainant is that the possession has not been offered to him and even the construction is not complete, despite he having already paid Rs.6300315/- to the OP. The complainant is therefore, before this Commission seeking refund of the said amount alongwith interest and compensation.

(2.) The complaint was resisted by the opposite party which has filed a written version contesting the complaint. However, no affidavit of admission/denial of documents of the complainant or affidavit by way of evidence has been filed by the opposite party though the complainant has filed affidavit of admission/denial of documents as well as affidavit by way of evidence.

(3.) In its written version, the opposite party has admitted the allotment made to the complainant, the agreement executed with him and the payments received from him.