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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Suniti Kumar Bhat and Ors. —Complainants
versus
Unitech Acacia Projects Pvt.
Ltd. and Ors. —Opp. Parties
Consumer Case Nos.2218 to 2222 of 2016
Consumer Case Nos.7 and 9 of 2017
Decided on 20.8.2018
For the Complainants:Mr. Ashwarya Sinha and Ms. Priyanka Sinha, Advocates
For the Opp. Parties:Mr. Babanjeet Singh Mew, Advocate
IMPORTANT POINT
When the builder fails to construct the flat on time, he is entitled to pay compensation in the form of interest and costs of litigation.
Headnote:Consumer Protection Act, 1986—Section 21—Complaint—Complainants booked a residential flats in a project, which the opposite party was to develop in Sector 96, 97 and 98 of Noida—Complainants were allotted their respective flats and substantial payments were made by the—Inspite of payment, possession was not handed over to the complainants—Hence, complaints were filed by the respective allottees for refund of the amount paid etc.—Since, the grievance is against the same O.P., all the complaints are heard together and passed a common order—O.P. has resisted the complaints on various grounds—On hearing the parties and considering the earlier orders passed against the same O.P., it is held that the O.P. has to complete the construction and offer possession of the allotted flats to the concerned complainants on or before 30.6.2019, O.P.—M/s. Unitech Hi-Tech Developers Ltd. shall pay compensation in the form of simple interest @ 8% per annum on the entire amount paid by the complainants to it, with effect from the committed date of possession till the date on which the possession, and costs of Rs.25,000/- to each of the complainants.
Result: Complainants allowed with costs.
V.K. Jain, Presiding Member—The complainant in CC/2218/2016 namely Suniti Kumar Bhat booked a residential flat with the opposite party in a project namely “The Burgundy”, which the opposite party was to develop in Sector 96, 97 and 98 of Noida. Flat No. 2002, F 20, Tower No. 03 was allotted to him vide provisional allotment letter dated 09.12.2011 for a total consideration of Rs.3,46,87,583/-.
2. As per Clause 5(a)(i) of the terms and conditions of allotment, signed on 09.01.2012 the possession was to be offered for carrying out interior and fit outs within thirty months of the terms and conditions, being signed by the allottees subject of course to the force majeure circumstances, The flat therefore ought to have been offered for fit outs on or before 9th July,2014. The grievance of the complainant is that the flat was not offered to them even for fit outs despite they having already paid a sum of Rs.2,51,18,957/- to the opposite party. The complainant is therefore before this Commission seeking possession of the flat allotted to him, along with compensation etc.
3. The complainant in CC/2219/2016 namely S.M. Riaz booked a residential flat with the opposite party in the same project namely “The Burgundy”, which the opposite party was to develop in Sector 96, 97 and 98 of Noida. Flat No. 1702, F 17, Tower No. 03 was allotted to him vide provisional allotment letter dated 21.09.2011 for a total consideration of Rs.3,28,44,029/-. In his case, the detailed terms and conditions were executed on 03.10.2011 and therefore the possession ought to have been delivered by 03.4.2014. The grievance of the complainant is that the possession has not been offered to him for fit outs despite he having already paid a sum of Rs.2,26,46,156/- to the opposite party. The complainant is therefore before this Commission seeking possession of the flat allotted to him, along with compensation etc.
4. The complainant in CC/2220/2016 namely Bharat Singh booked a residential flat with the opposite party in the aforesaid project and Flat No. 2202, F 22, Tower No. 02 was allotted to him vide provisional allotment letter dated 27.12.2010 for a total consideration of Rs.3,09,41,588/-. In his case, the detailed terms and conditions were executed on 24.03.2011 and therefore the possession ought to have been delivered by 24.09.2013. The grievance of the complainant is that the possession has not been offered to him for fit outs despite he having already paid a sum of Rs.3,04,66,704/- to the opposite party. The complainant is therefore before this Commission seeking possession of the flat allotted to him, along with compensation etc.
5. The complainant in CC/2221/2016 namely Rashi Arora booked a residential flat with the opposite party in the same project. Flat No. 0302, F 3, Tower No. 01 was allotted to him vide provisional allotment letter dated 11.12.2010 for a total consideration of Rs.3,93,67,426/-. In his case, the detailed terms and conditions were executed on 31.12.2010 and therefore the possession ought to have been delivered by 30.6.2013. The grievance of the complainant is that the possession has not been offered to him for fit outs despite he having already paid a sum of Rs.3,75,74,345/- to the opposite party. The complainant is therefore before this Commission seeking possession of the flat allotted to him, along with compensation etc.
6. The complainant in CC/2222/2016 namely Pratibha Khattar booked a residential flat with the opposite party in this very project. Flat No. 0301, F 3, Tower No. 03 was allotted to him vide provisional allotment letter dated 09.7.2011 for a total consideration of Rs.2,51,46,880/-. In his case, the detailed terms and conditions were executed on 09.7.2011 and therefore the possession ought to have been delivered by 09.01.2014. The grievance of the complainant is that the possession has not been offered to her for fit outs despite he having already paid a sum of Rs.1,47,36,417/- to the opposite party. The compl
