IMPORTANT POINT
The delay on the ground like environmental clearance, shortage of labour, stay from HC, shortage of sand etc. are not available to the builder.

This consumer complaint has been filed by the complainants Vikram Sarin & anr. against the opposite party M/s. Unitech Ltd. It has been alleged in the complaint that the builder-buyer agreement was signed on 11.06.2011 for apartment wherein the possession was to be handed over within a period of three years from the date of builder-buyer agreement with grace period of three months. It has been alleged in the complaint that the possession has not yet been delivered as construction of tower has not been completed. The total consideration in the case is Rs.91,41,600/- and an amount of Rs.85,10,732/- has been paid to the opposite party. The complaint has been filed for directing the opposite party to refund the principle amount along with 18% p.a. interest or in the alternative hand over the possession of the flat or some alternative flat of the same size and cost within six months.

2. On admission of the complaint notice was issued to the opposite party. The opposite party contested the complaint by filing the written statement. The complainants filed their evidence, however, opposite party did not file evidence inspite of opportunity granted to them. Vide order dated 02.01.2019 the opportunity to file evidence was closed and opposite party was proceeded ex-parte.

3. Heard the learned counsel for the complainants. Learned counsel for the complainants reiterated the facts mentioned in the complaint and stated that as there has been a huge delay in getting the possession of allotted flat, the complainants are now not interested in taking the possession as it is not possible for the opposite party to give the possession in reasonable time. It was stated by the learned counsel that now the complainants are only interested in getting the refund of the deposited amount. Learned counsel for the complainants stated that in similar matters this Commission has allowed the refund along with 10% p.a. interest and complainants would be satisfied if a similar order is passed in the present complaint. In this regard, learned counsel referred to the following cases:-

“(1) CC No.776 of 2015, Sachin Malhotra & Ors. Vs. Unitech Ltd., decided on 04.10.2018 (NC)

(2) CC No.1727 of 2016, Shalabh Gupta & Ors. Vs. Unitech Limited, decided on 06.04.2018 (NC)

(3) CC No.940 of 2016, Sorabh Sood Vs. Unitech Limited, decided on 22.05.2018 (NC)”

4. It was further stated by the learned counsel for the complainants that even as per Clause 4.e. of the builder-buyer agreement, the opposite party has committed itself to refund the amount deposited along with 10% p.a. interest, if the opposite party is not able to give possession of the flat to the complainants or to offer any alternate accommodation. In the present case, neither the opposite party is able to handover the possession within a reasonable time, nor the opposite party has offered any alternative accommodation to the complainants and, therefore, according to this clause opposite party is obliged to refund deposited amount along with 10% p.a. interest.

5. In the written statement filed by the opposite party, the opposite party has taken preliminary objections in respect of the complaint being barred by limitation as well as being not maintainable in this Commission on the ground of pecuniary jurisdiction. In the written statement, the opposite party has stated that the delay in completion of the project has happened due to conditions and circumstances, which were beyond the control of the opposite party. It has been stated that the delay has occurred in obtaining different statutory approvals from the concerned authorities. It has been further stated that there was shortage of ground water and the position worsened due to order of High Court of Punjab and Haryana, dated 16.07.2012, which banned the use of ground water. Accordingly, the water was required to be brought from outside area, which caused delay. Time was also taken by the concerned authorities to give required clearances for the projec