RAMA SAHDEV Vs. UNITECH RELIABLE PROJECTS PVT LTD

JUDGEMENT

(1.) The complainant booked a residential apartment with the opposite party in a project namely 'Unitech Verve', which the opposite party was to develop on Plot No.11 in Sector PI-II Greater Noida. Vide allotment letter dated 23.5.2007, apartment No. 303 of Tower-5 of the said project was allotted to her on the terms and conditions annexed thereto. The sale consideration for the apartment was agreed at Rs.57,08,000/-. In terms of Clause 4.a(i) of the allotment letter, the possession was to be delivered within 36 months of the signing of the terms and conditions of the allotment. The possession therefore, ought to have been offered by 23.5.2010. The possession having not been offered, despite the complainant having paid Rs.54,73,369/- to the opposite party, she is before this Commission, seeking refund of the amount.

(2.) The opposite party did not file its written version despite service and therefore, its right to file the written version was closed vide order dated 11.3.2019.

(3.) I have heard the learned counsel for the parties and have considered the affidavits filed by the complainant by way of evidence. The affidavit and documents filed by the complainant prove the allotment made to her as well as the payment which she made to OP. The learned counsel for the complainant states that no alternative flat was offered to the complainant by the opposite party. Hence, she is entitled to a direction for the refund of the amount paid by her to the OP, alongwith appropriate compensation etc.