RISHI KAPUR Vs. UNITECH LTD.

JUDGEMENT

(1.) The complainant Rishi Kapur booked a residential apartment with the OP in a project namely 'Ivy Terraces, Wildflower Country', which the OP was to develop in Sector-70 of Gurgaon. Vide allotment letter dtd. 2/4/2014, Unit No.0046 in the above referred project was allotted to the complainant for a consideration of Rs.1,40,13,622.00. The parties then executed a Sale Agreement on 17/4/2014, incorporating their respective obligations in respect of the allotment made to the complainant. As per Clause 4(i)(a) of the agreement, final notice calling upon the allottee to take possession was to be issued within a period of 42 months from the date of execution of the agreement. The possession therefore, ought to have been offered by 17/10/2017 when 42 months from the date of the agreement expired. The possession having not been offered to him despite he having already paid Rs.46,95,660.00 to the OP, the complainant is before this Commission.

(2.) The written version was filed by the OP contesting the Consumer Complaint on several grounds. However, no affidavit by way of evidence has been filed by the OP and its right to file the said affidavit was closed vide order dtd. 13/8/2019.

(3.) I have heard the learned counsel for the complainant. No one is present for the OP when the matter is called.