HARSHAD JAIN & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants, namely, Harshad Jain and Kamini Jain booked a residential flat with the OP in a project namely 'Unitech South Park, which the OP was to develop in Sector 70 of Gurgaon. Vide allotment letter dated 31.03.2011, Flat No.A4-01-0101 in the aforesaid project was allotted to them for a consideration of Rs.9718120/-. The parties then executed an Apartment Allotment Agreement dated 17.08.2011, incorporating their respective obligations in respect of the said transaction. In terms of clause 4.a(i) of the said agreement, the possession was to be delivered within 36 months of the execution of the agreement. The possession therefore, ought to have been offered by 17.08.2014. The grievance of the complainants is that the possession has not been offered to them and even the construction is not complete despite they having already paid Rs.9370794/- to the OP. The complainants are, therefore, before this Commission seeking refund of the amount paid by them to the opposite party alongwith compensation etc.

(2.) The opposite party was served on 23.11.2017 and filed an application seeking extension of time to file its written version. The delay in filing the written version was condoned and the requisite extension was granted vide order dated 21.2.2018 subject to payment of Rs.25,000/- as cost to the complainants, within two weeks from the date of the order. Since the cost was not paid, the written version filed by the OP was rejected vide order dated 5.7.2018.

(3.) I have heard the learned counsel for the parties and have considered the affidavit and documents filed by the complainants.