ASHISH MAHAJAN Vs. UNITECH LIMITED & ANR

JUDGEMENT

(1.) A company namely SDS Contractors & Builders Pvt. Ltd. booked a residential plot with the OP in a project namely 'Uniworld City' which the OP was proposing to develop in Mohali. Plot No. 0078 in Block-C was allotted to the said company, for a consideration of Rs.53,37,150/-. The said company and the OP namely Unitech Ltd. entered into a Buyers Agreement dated 02.04.2008 incorporating their respective obligations. In terms of clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months of its execution. The possession therefore, ought to have been delivered by 02.04.2011. The complainant having purchased the said allotment, it was endorsed in his favour vide endorsement dated 18.08.2011. The grievance of the complainant is that the possession has not even been offered to him despite a sum of Rs.61,77,052/- having been already paid to the OP namely Unitech Ltd. The complainant is therefore, before this Commission seeking refund of the said amount alongwith compensation etc.

(2.) The OP did not file its written version despite service having effected on 08.08.2017. The right of the OP to file its written version therefore, was closed vide order dated 08.12.2017.

(3.) I have heard the learned counsel for the parties and have considered the affidavits filed by the complainant alongwith the documents.