SUNIL KUMAR SHIVHARE Vs. UNITECH LTD

JUDGEMENT

(1.) Mrs. Anita Raj Kapoor and Mr. Raj Kapoor Booked a residential apartment with the OP in a project namely 'Unitech Cascade' at Greater Noida and vide allotment letter dated 16.08.2005, apartment no. 0103 in Tower 3 of the said project was allotted to them for a consideration of Rs.37,48,980/-. The said allotment was later purchased by the complainant and the allotment was endorsed in his name on 19.04.2007. As per clause 4(a)(i) of the terms and conditions of allotment, the possession of the apartment was to be delivered to the allottees by 31.03.2008, subject to force majeure circumstances. The possession having not been delivered despite a sum of Rs.37,48,980/- having been paid to the OP, the complainants are before this Commission seeking refund of the said amount with compensation etc.

(2.) The OP did not file its written version despite service and therefore, its right to file the written version was closed vide order dated 19.04.2018.

(3.) I have heard the learned counsel for the parties and have considered the affidavit by way of evidence filed by the complainant.