IMPORTANT POINT
Builder cannot deceive purchaser by usurping his money on false promises.

J.M. Malik, Presiding Member—M/s Unitech Limited, opposite party No. 1, was in the process of constructing flats in a group housing complex at plot No. 9, Sector Pi II, Greater Noida, Distirct Gautam Budh Nagar, Uttar Pradesh. Shri Sanjay Arora, the complainant deposited a sum of Rs.6,50,000/- as part of booking/registration amount with the OP 1 for allotment of an apartment. OP 1 sent a letter/agreement to the complainant on 6.11.2006, according to which, apartment No. 1101, at 11th Floor, HBTN Tower 6, Unitech Habitat at Plot No. 9 Sector Pi II, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh, was allotted to the complainant for a total consideration of Rs.67,25,152/-. The said agreement was executed. Till 14.8.2007, the complainant paid an amount of Rs.12,98,560/-, copy of the agreement is annexed as ext. P1. The complainant opted for the Time Linked Instalment Plan ‘B’, payment-schedule of which was enclosed with the agreement. According to the aforesaid mode of payment, the complainant was to pay the due amount of Rs.71,09,704/- in 12 instalments, out of which the last instalment was to be paid upon the final notice of possession.

2. At the time of payment of second instalment, it transpired that in certain condition, discount/rebate would be available to the complainant if the entire amount was paid together. The complainant applied for loan from ICICI Bank. On 14.08.2007, OP 1 wrote to the complainant that he had to deposit a sum of Rs.51,26,952/- and an amount of Rs.2,14,958/-, which was due for delayed payment, copy of the letter dated 14.08.2007 has been placed on record as ext. P-2. The complainant obtained loan and paid a sum of Rs.47 lakh through cheque dated 21.8.2007 drawn on ICICI Bank. The complainant was required to pay the residue amount in the sum of Rs.6,84,192/-. Copy of the demand draft dated 31.08.2007 in the sum of Rs.47 lakh is annexed as annexure P3. After the down payment plan, the complainant was to get payment of rebate @ 7%. However, the OP 1 started claiming interest on the instalment, that fell due. During the period, the complainant and OP 3 were in the process of negotiating the conversion of payment plan.

3. The complainant issued a cheque in the sum of Rs.4,06,952/-, which was dishonoured. The delivery of the house was to be given within 36 months, as agreed. However, the OP served several notices upon the complainant demanding payment of interest on delayed payment with the ulterior motive to gain time. The complainant sent notice of demand on 25.9.2008 in the sum of Rs. 2,89,576/- towards interest on delayed payment vide annexure P-4. On 14.1.2008, OP 1 issued a demand letter, according to which, a sum of Rs.1,07,312/- was still payable towards the 10th instalments schedule to be paid on 1.12.2008. It also mentioned that a total interest of Rs.2,47,136/- was still due and payable by the complainant. The complainant disputed the notice but his discussion on phone or otherwise did not ring the bell. Thereafter, the complainant fell sick and was admitted in MAX hospital, Gurgaon. Thereafter, the correspondence went on for waiver of the interest.

4. In May, 2009, the complainant visited the construction site but was shocked to see that the progress had not even reached half way through the construction. The complainant was paying banking instalments of Rs.50,000/- per month. The house was not ready and, therefore, he wanted to cancel his allotment and get his money back, copy of email in this context has been placed on record as ext. P6, which is dated 11.05.2009. Thereafter, correspondence went on. The correspondence and original photographs were also taken on record as annexure P-7 and 8. Legal notice annexure P-9 was given. In the meantime, the condition of the complainant continued to deteriorate and finally in August, 2010, the complainant was admitted in the Institute of Liver and Biliary Sciences, Vasant Vihar, New Delhi, for transplantation of his liver. Consequently, he fa