CHARULATA HARI MOORJANI & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a project namely 'Unitech South Park, which the OP was to develop in Gurgaon. Vide allotment letter dated 11.01.2013, Unit no. D1-16-1601 in the aforesaid project was allotted to them for a consideration of Rs.11807119/-. The parties then executed an Apartment Allotment Agreement dated 17.02.2014, incorporating their respective obligations in respect of the said allotment. In terms of clause 4.a(i) of the said agreement, the possession was to be delivered within 36 months of its execution, meaning thereby that the possession ought to have been delivered by 17.2.2017. The possession having not even been offered despite the complainants having already paid Rs.5064656/- to the OP, the complainants are before this Commission seeking possession of the allotted flat with compensation or in the alternative refund of the amount paid by them to the opposite party alongwith compensation.

(2.) The opposite party did not file its written version and, therefore, its right to file the said version was closed vide order dated 27.2.2018.

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