RAJIV KAPASI Vs. M/S UNITECH LTD

JUDGEMENT

(1.) The complainants booked a residential villa with the OP in a project, namely, Espace Premiere Nirvana Country-2, which the opposite party was to develop in Sectors -71 & 72 of Gurgaon. Vide allotment letter dated 11.05.2011, Villa No.0056 in Block B of the aforesaid project was allotted to them for a consideration of Rs.3,59,42,736/- and they executed a buyers agreement dated 27.05.2011 with the opposite party. As per clause 4.a(i) of the said agreement, the possession was to be delivered within 24 months of its execution. The possession, therefore, ought to have delivered by 27.05.2013. The grievance of the complainants is that the possession has not even been offered and the construction is not complete till date despite payment of Rs.1,94,43,118/- to the OP. The complainants are, therefore, before this Commission seeking possession of the villa along with compensation etc.

(2.) The learned counsel for the complainants having taken instructions from the complainants states that since the OP has not offered possession of the allotted villa even after institution of this complaint and the construction is not likely to be completed in near future, the complainants are no more interested in possession of the allotted villa and want refund of the entire amount paid by them to the OP along with compensation etc.

(3.) The OP filed its written version but since there was delay in filing the said written version, an application seeking extension of time for this purpose was filed. The delay was condoned vide order dated 23.04.2018 subject to payment of Rs.25,000/- as cost to the complainants. Since the cost was not paid, the written version filed by the OP was rejected vide order dated 02.11.2018.