ANURAG SADHWANI Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a project namely 'Alder Grove, Nirvana Country 2', which the OP was to develop in Gurgaon. Vide allotment letter dated 22.09.2010, house no. AG-0181 (Duplex) was allotted to them for a consideration of Rs.1,80,18,000/-. They executed an Agreement with the OP on 20.10.2010. As per clause 4(a)(i) of the agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 20.10.2012. The grievance of the complainants is that the possession has not been offered to them and the construction is not complete despite they having already paid a sum of Rs.74,99,277/- to the OP. The complainants are therefore, before this Commission seeking possession of the aforesaid flat with compensation etc.

(2.) The OP filed its written version contesting the complaint but did not file any evidence. Vide order dated 12.04.2019, the OP was directed to file its affidavits of admission/denial of documents and by way of evidence within four weeks subject to payment of Rs.20,000/- as cost to the complainants. Neither the cost has been paid nor the affidavits have been filed.

(3.) I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants by way of evidence. The affidavits and the documents filed by the complainants prove the allotment made to them as well as the amount they claim to have paid to the OP. The payment received from the OP has not been disputed in the written version filed by the OP. Since possession of the allotted flat has not been offered to them, the complainants are entitled to a direction for delivery of its possession with compensation etc.