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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Capt. Gurtaj Singh Sahni & Ors. —Complainants
versus
Manager, Unitech Limited & Anr. —Opp.Parties
Consumer Case Nos.603 of 2014 & 958 to 966, 1000, 1007 to 1011, 1408 & 1409 of 2015
Decided on 2.5.2016
For the Complainants:Mr. Vivek Chib, Mr. Rishabh Kapur, Mr. Kushal Gupta, Advocates
For the Opp.Parties:Ms. Naina Sharma, Mr. Sandeep Sharma, Advocates, Ms. Ritu Jain, AR.
IMPORTANT POINT
Builder is bound to complete construction within stipulated time schedule.
Headnote:Consumer Protection Act, 1986—Section 21—Real estate—Booking of Villas—Opposite party has not been able to complete construction of villa though more than 1½ years have already expired from the date by which last villa was to be handed over and more than three years have expired from the date by which first villa was to be offered—Since it is an admitted position that opposite party had entered into Buyers Agreements with complainants and deliver possession to them within 24 months of agreements, direction sought by complainants for completing construction of villas in a time bound manner is eminently justified in facts and circumstances of case—Opposite party should resume construction and villas after completion of construction and obtaining requisite completion certificate should be offered to complainants on or before 18 months—Opposite party shall also pay compensation in form of 12% simple interest alongwith cost of Rs. 10,000/- in each complaint. (Paras 3, 5 and 14)
Result: Complaints disposed of with directions.
V.K. Jain, Presiding Member—The complainants in these matters booked one villa each with the opposite party in a project namely Espace Premier, Unitech Nirvana Country-2, Gurgaon. The possession was to be delivered within two years from the date of execution of the Buyers Agreement between the parties. Some of the complainants opted for subvention scheme under which a tripartite agreement was executed between the complainant, the opposite party and ICICI Bank and pursuant to the said agreement, about 95% of the sale consideration was received by the opposite party. The interest for the finance extended by the bank was to be borne by the opposite party for first 18 months and by the concerned buyer thereafter. The remaining complainants opted for construction linked payment plan and have paid varying amounts to the opposite party. The following are the dates of the Buyers Agreements, the sale consideration agreed between the parties, the amount paid to the opposite party and the date by which the possession was to be offered to those buyers:
Sl. No.
Names
Date of Buyer’s Agreement
Date of Proposed Possession
Amount Payable (in Rs.)
Amount Paid (in Rs.)
1.
Captain Gurtaj Singh Sahni & Ms. Ritoo Sahni (CC No. 603/2014) (Subvention)
08.06.2011
08.06.2013
2,65,54,354
2,60,43,892
2.
M/s. Vibha Batra (CC No. 958/2015)
12.05.2011
12.05.2013
4,29,75,072
2,41,00,905
3.
Mr. Gaurav Sundaram & Ms. N.T. Sundaram (CC No. 959/2015)
10.05.2011
10.05.2013
2,59,20,104
1,64,94,342
4.
Mr. Sachin Garg & Ms. Parul Garg (CC No. 960/2015)
02.07.2011
02.07.2013
2,53,19,026
1,85,11,465
5.
Mr. Ramkumar Sundaram & Ms. Anuja Gulati (CC No. 961/2015)
15.03.2011
15.03.2013
2,60,90,104
1,37,14,841
6.
Mr. Jaideep Sen & Ms. Ishita Sen (CC No. 962/2015)
22.02.2012
22.02.2014
3,73,70,870
1,60,25,896
7.
Mr. Sanjay Yadav (CC No. 963/2015)
30.06.2012
30.06.2014
3,01,58,311
2,03,45,551
8.
Mr. Siddhartha Das & Mr. Manas Das (CC No. 964/2015)
12.12.2011
12.12.2013
4,26,42,752
1,25,70,567
9.
Mr. Bimal Kumar Lakhotia & Ms. Smriti Lakhotia(CC No. 965/2015)
25.02.2012
25.02.2014
2,98,45,811
2,23,14,587
10.
Mr. Rohit Kumrah & Ms. Ritu Kumrah (CC No. 966/2015)
28.07.2011
28.07.2013
2,61,77,061
1,92,35,845
11.
Mr. Pramod Bisht & Ms. Ekta Bisht (CC No. 1000/2015)
18.03.2011
18.03.2013
2,59,70,104
1,37,72,496
12.
Mr. Deepak Kaul & Ms. Bidya Kaul (CC No. 1007/2015)
12.05.2011
12.05.2013
3,82,16,172
76,93,660
13.
Ms. Ruma Bose (CC No. 1008/2015) (Subvention)
22.09.2012
22.09.2014
3,05,70,811
3,01,88,243
14.
Mr. Harvinder Singh Virk & Ms. Reema Virk (CC No. 1009/2015)
30.04.2012
30.04.2014
4,70,16,557
2,27,44,035
15.
Mr. Gaurav Manoher Negi 03.10.2012 (CC No. 1010/2015)
30.04.2011
30.04.2013
3,20,62,152
1,84,66,155
16.
Mr. Prashant Bindal (CC No. 1011/2015)
03.10.2012
03.10.2014
2,98,45,811
1,71,21,514
17.
Mr. Maneesh Jaikrishna & Ms. Pooja Jaikrishna (CC No. 1408/2015) (Advance Payments)
17.03.2011
17.03.2013
2,54,91,604
1,77,83,319
18.
Dr. Siddhartha Chaudry (CC No. 1409/2015)
25.07.2011
25.07.2013
2,57,07,604
1,36,07,422
It would thus be seen that the earliest villa was to be delivered by 15.03.2013, whereas the last villa was to be delivered by 03.10.2014. However, the construction of the said villas is far from complete. Being aggrieved, the complainants are before this Commission seeking direction to the opposite party to complete the construction and pay them compensation in the form of interest @ 12% per annum on the amount which they have paid to the opposite party. They are also seeking direction to the opposite party to bear the burden of increase in t
