BALRAJ SHARMA Vs. UNITECH LIMITED

JUDGEMENT

(1.) The Complainants are allottees of residential flats in a project namely, "Uniworld", which the Opposite Party Unitech Limited was to develop in sector 117 of NOIDA. The case of the complainants is that in terms of clause 5 (A)(i) of the allotment letters issued to them the possession was to be delivered to the allottees within 36 months of the allotment. This is also their submission that the allotment letters contained identical provision for the delivery of possession. The allotments to the complainants were made on different dates in the year 2009 and 2010 except in case of one allottee to whom allotment was made in the year 2011. The case of the complainants is that the possession has not been offered to them despite they having made substantial payment to the Opposite Party. The complaint has been instituted under section 12(1)(c) of the Consumer Protection Act on behalf of and for the benefit of all such allottees of the above-referred project who have a common grievance against the opposite party and want delivery of possession of the allotted flats alongwith compensation etc.

(2.) On requisite permission in terms of section 12(1)(c) having been granted to the complainants vide order dated 10.08.2017 a public notice in two newspapers, i.e., Times of India and Dainik Jagran was published. Thereafter some allottees came forward seeking impleament in this complaint and were impleaded accordingly vide order dated 03.11.2017.

(3.) The Opposite Party has not filed written statement and its right to file written statement already stands closed.