Back
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Rohit Chopra and Anr. —Complainants
versus
Unitech Limited —Opp. Party
Consumer Case No.471 of 2017
Decided on 1.3.2018
For the Complainants:Mr. Akshat Goel, Advocate
For the Opp. Party:Mr. Babanjeet Singh Mew, Mr. Danish Jhamb and Mr. Pranshu Khatri, Advocates
IMPORTANT POINT
Builder has to honour time schedule.
Headnote:Consumer Protection Act, 1986—Section 21—Real estate—Booking of residential Villas—Denial of possession despite sizeable payment—OP admits that possession of construction is very slow—She is not in a position to commit any particular time period for completion of construction and delivery of possession of Villa to complainant—In each complaint, OP shall complete construction of villas/houses allotted to complainants in all respects, obtain requisite occupancy certificates and offer their possession to complainants on or before 31.12.2019— OP shall pay compensation to complainants in form of simple interest @ 8% per annum from committed date of possession, till the date on which possession in terms of this order is actually offered—OP shall also pay sum of Rs.25,000/- as cost of litigation to complainants in each complaint. (Paras 4 and 5)
Result: Complaints allowed.
V.K. Jain, Presiding Member
Consumer Complaint No.471 of 2017
The complainants namely Rohit Chopra and Mrs. Vijay Lakshmi Chopra booked a residential villa with the OP in a project namely ‘Espace Premiere’, which the OP is developing in Nirvana Country-2, Sector-71 & 72 of Gurgaon. Vide allotment letter dated 09.03.2011, house no. 0132 in Block-B in the aforesaid project was allotted to the complainants for a consideration of Rs.2,35,30,104/-. The parties then executed an agreement dated 22.03.2011 incorporating their respective obligations in respect of the said transaction. In terms of clause 4.a(i) of the said agreement, the possession was to be delivered within 24 months of the execution of the agreement. The possession therefore, ought to have been delivered by 22.03.2013. The grievance of the complainants is that the possession has not been delivered to them despite they having already paid Rs.1,60,02,015/- to the OP. The complainants are therefore, before this Commission seeking possession of the aforesaid villa/house alongwith compensation.
Consumer Complaint No.564 of 2017
The complainants namely Om Prakash Chopra and Mrs. Sunita Chopra booked a residential villa with the OP in a project namely ‘Espace Premiere’, which the OP is developing in Nirvana Country-2, Sector-71 & 72 of Gurgaon. Vide allotment letter dated 02.02.2012, house no. 0092 in Block-B in the aforesaid project was allotted to the complainants for a consideration of Rs.2,31,70,104/-. The parties then executed an agreement dated 10.02.2012 incorporating their respective obligations in respect of the said transaction. In terms of clause 4.a(i) of the said agreement, the possession was to be delivered within 24 months of the execution of the agreement. The possession therefore, ought to have been delivered by 10.02.2014. The grievance of the complainants is that the possession has not been delivered to them despite they having already paid Rs.1,47,53,915/- to the OP. The complainants are therefore, before this Commission seeking possession of the aforesaid villa/house alongwith compensation.
Consumer Complaint No.807 of 2017
One Dr. Harish Kumar Sidhwa and Dr. Rajni Sidhwa booked a residential villa with the OP in a project namely ‘Espace Premiere’, which the OP is developing in Nirvana Country-2, Sector-71 & 72 of Gurgaon and house no. 0098 in Block-B in the aforesaid project was allotted to them for a consideration of Rs.1,83,38,104/-. The parties then executed a Buyers Agreement with the OP dated 22.12.2011 and in their case also, the possession was to be delivered within 24 months of the execution of the Buyers Agreement. The possession therefore, ought to have been delivered by 22.12.2013. The aforesaid villa/house was purchased by the complainant namely Rajnish Kehair from Dr. Harish Kumar Sidhwa and Dr. Rajni Sidhwa on 10.05.2013. The allotment was thereafter, transferred by the OP in favour of the complainant vide its letter dated 10.05.2013. The grievance of the complainant is that the possession of the villa/house has not been offered to him despite he and his predecessors having paid Rs.98,75,189/- to the OP. He is therefore, before this Commission, seeking possession of the aforesaid villa/house alongwith compensation.
2. The OP did not file its written version despite service and its right to file the said written version was closed vide order dated 25.01.2018.
3. I have heard the learned counsel or the parties and have considered the affidavits by way of evidence filed by the complainants.
4. The learned counsel for the complainants submits that though no written version contesting the complaints has been filed, several other consumer complaints pertaining to allotment of houses/villas in this very project have already been allowed by this Commission in CC No. 368 of 2015 Sudhanshu Pokhriyal Vs. Unitech Ltd., decided on 03.05.2017 and CC No. 603 of 2014 Capt. Gurtaj Singh Sahni & Anr. Vs. Unitech Limited & Anr. and connected matt
