SANJEEV KUMAR SHARMA Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants, namely, Sanjeev Kumar Sharma and Vishav Kirti Sharma booked a residential villa with the OP in a project namely 'Espace Premiere, Nirvana Country-2', which the OP was to develop in Gurgaon. Vide allotment letter dated 31.1.2013, house no. B-0069 in the aforesaid project was allotted to the complainants for a consideration of Rs.45707028/-. The parties then executed a Buyers Agreement dated 22.4.2013, incorporating their respective obligations in respect of the aforesaid transaction. As per Clause 4.a.(i) of the said agreement, the possession was to be delivered within 36 months of its execution. The possession, therefore, ought to have been delivered by 22.4.2016. The possession of the villa having not been offered to them despite they having already paid a sum of Rs.2,88,10,775/- to the OP, the complainants are therefore, before this Commission seeking completion of the construction and delivery of possession of the allotted villa alongwith compensation etc.

(2.) The OP has filed written version contesting the complaint but has not filed any affidavit by way of evidence despite order dated 24.5.2018 granting six weeks for the purpose. No one is present for the OP when the matter is called and no application seeking extension of time to file the affidavit by way of evidence has been filed by the OP.

(3.) The learned counsel for the complainants states that this Commission has already allowed several consumer complaints in respect of this very project. A reference in this regard is made to the decisions of this Commission in CC No.368/2015 Sudhanshu Pokhriyal Vs. Unitech Ltd., decided on 03.05.2017 and CC No.603/2014 Capt. Gurtaj Singh Sahni & Anr. Vs. Unitech Ltd. & Anr. and connected matters, decided on 02.05.2016.