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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Rahul Pande Rao —Complainant
versus
M/s. Unitech Limited —Opp.Party
Consumer Case No.1035 of 2015
Decided on 19.8.2016
Counsel for the Parties:
For the Complainant:Mr. Sudhir Mahajan, Advocate
For the Opp.Party:Mr. Sahil Sachdeva, Advocate
IMPORTANT POINT
Opposite party cannot in law offer possession of flats to allottees without obtaining requisite Occupancy Certificate.
Headnote:Consumer Protection Act, 1986—Section 21—Real estate—Buyers Agreement for residential flats—Non-completion of project despite payment— There is no evidence of OP having been invited tenders for appointment of contractors / sub-contractors for executing work at the site of those projects and no contractor/ sub-contractor having come forward to execute project on ground that adequate labour was not available in the market—It cannot be accepted that opposite party could not have arranged adequate labour, either directly or through contractors/sub-contractors, for timely completion of project—There is no evidence filed by OP to prove that it was unable to procure water, sand and brick in adequate quantity—Delay in completion of construction is not at all justified and opposite party must pay adequate and realistic compensation to flat buyers—Opposite party, besides paying compensation, must execute Conveyance Deed of flats in favour of allottees so as to provide clear title deed of said flats to them—Opposite party cannot in law offer possession of flats to allottees without obtaining requisite Occupancy Certificate / part Occupancy Certificate which permits occupation of allotted flats—Opposite party should also provide all amenities and facilities as per its contractual obligations. (Paras 4, 9 to 11)
Result: Complaints allowed.
CC/498/2015 (seeking possession + compensation)
V.K. Jain, Presiding Member—The complainant, namely, Sunil Kumar Sawhney booked a residential flat No.1701 with the opposite party in the aforesaid project, for a total consideration of Rs.10436315/- and a Buyers Agreement between the parties was executed on 15.11.2007. The possession to the allottee was to be delivered by 15.11.2010. Since possession has not been offered to him, he is before this Commission seeking possession of the flat allotted to him along with compensation for the delay in offering possession.
CC/499/2015 (seeking possession + compensation)
The complainant, namely, Nandita Das booked a residential flat No.203 with the opposite party in the above-referred project for a total consideration of Rs.8388800/- and has already paid a sum of Rs.8104050/-. The Buyers Agreement with her was executed on 7.6.2010. The possession was to be delivered to her by 31.12.2010. Since possession has not been offered to her, she is before this Commission seeking possession of the allotted flat along with compensation for the delay in offering possession of the flat.
CC/501/2015 (seeking possession + compensation)
One Abhiram Seth booked a residential apartment No.202 with the opposite party in the above-referred project and a Buyers Agreement dated 14.10.2006 was executed between him and the opposite party. The sale consideration for the aforesaid flat was agreed at Rs.10644504/-. The said allotment was transferred to the complainants - Parminder Sandhu and his wife Arvinder Sandhu on 20.9.2011 and the said transfer was duly approved by the opposite party which has already received a sum of Rs.9613596/- towards the cost of the flat. The total payment made by the complainants inclusive of the transfer charges amounts to Rs.10405743/- Since possession has not been offered to them, they are before this Commission seeking possession of the allotted flat along with compensation, etc.
CC/508/2015(seeking possession + compensation)
The complainant, namely, Sonali Kumar and her husband Saurabh Agarwal booked a residential flat No.902 with the opposite party in the above-referred project for a total consideration of Rs.9274650/- and paid a sum of Rs.8825493/- to the opposite party. A Buyers Agreement between the parties was executed on 1.3.2007. The possession to them was to be delivered by 1.3.2010. Since possession of the allotted flat has not been offered to them, the complainant is before this Commission seeking possession of the said flat along with compensation for the period the possession is delayed.
CC/1035/2015 (seeking possession + compensation)
One Davinder Gupta booked a residential apartment No.1101 with the opposite party in the above-referred project for a total consideration of Rs.9908440/- and a Buyers Agreement was executed with him on 9.6.2007. The possession was to be delivered to him by 9.6.2010. The said allotment was purchased by the complainant – Rahul Pande Rao on 22.9.2007 and the said transfer was duly approved by the opposite party. Since the opposite party has failed to offer possession of the allotted flat to them, they are also before this Commission seeking possession of the allotted flat along with compensation, etc.
CC/1058/2015 (seeking possession + compensation)
The complainant, Wg. Cdr. Anil Tharani and his wife Deepa Saini Tharani booked a residential flat No.302 with the opposite party in the above-referred project for a total consideration of Rs.8930338/- dated 10.8.2006 and a Buyers Agreement was executed between him and the opposite party. The possession was to be delivered to him by 10.8.2009. Since the opposite party has failed to offer possession of the allotted flat to them, they are before this Commission seeking possession of the allotted flat along with compensation, etc.
CC/1093/2015 (seeking possession + compensation)
The complainant, Ajay Kumar Kapoor and his wife Manju Mehta booked a residential flat No.1202 with the opposit
