2^nd Additional Bench

PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH

Consumer Complaint No.435 of 2017         

                                                          Date of institution :  30.05.2017

                                                          Date of reserved    :  21.03.2018

                                                          Date of decision    :   06.04.2018                  

Ajay Kumar Chauhan son of Shri P.C. Chauhan, resident of House No.6181, Roda Colony Sarkaghat, Distt-Mandi, Himachal Pradesh.

                                                                                                 …..Complainant

Versus

1. Unitech Ltd., having its registered office at 6, Community Centre, Saket,

    New  Delhi through its Managing Director.

2. Regional Manager, Unitech Ltd, Marketing Office at SCO 189-90-91,

    Sector 17-C, Chandigarh, presently at site office at Sector 107, Uniworld

     City, Mohali.

3. Alice Developers Private Limited having its registered Office at 6,

   Community   Centre, Saket, New Delhi through its Managing Director.                                                                                             .....Opposite parties

                                      Complaint under Section 17 of the

                                      Consumer Protection Act, 1986.

Before:-

          Sh. Gurcharan Singh Saran, Presiding Judicial Member

          Sh. Rajinder Kumar Goyal, Member

Present:-

          For the complainant               :         Sh. R.C. Sharma, Advocate

          For Ops No.1&2                    :         Mrs. V.H. Singh, Advocate

          For Op No.3                                     :         Ex-parte  

 Rajinder Kumar Goyal, Member

                                                Order

                   Complainant has filed this complaint against the opposite parties (hereinafter referred as OPs) under Section 17 of the Consumer Protection Act 1986 (for short the Act) on the averments that the Op No.1-M/s Unitech Limited had launched  their mega township on their project land to be known as ‘Uniworld City’ in the year 2008-09 and offered residential units called ‘Unihomes’ for sale in the said project by way of advertisements and promotion through their authorized agencies. The complainant booked an independent floor in Sector 107 Mohali in the said project for personal use by paying the booking amount of Rs.2,25,000/- on 11.12.2009 to OP No.2 through the authorized agency of Ops at Chandigarh. The Ops allotted unit No.0014 measuring 1077 square feet in Block-B Floor-02 in the said project. The Buyers Agreement was executed on 02.02.2010 wherein basic sale price of the unit was fixed Rs.22,50,452/-. From the Buyers Agreement complainant came to know about the fact that both the Ops shall be operating as confirming party and developer respectively with Unitech Limited as confirming party in the transfer/allotment and assignment of rights in the developed units to the prospective purchasers and also to execute the conveyance deed for such developed units. As per Clause 4A of the Agreement the possession of the unit was proposed to be offered within 36 months of signing of the agreement i.e. 02.02.2010 subject to force majeure conditions. Further as per Clause 4C of the Agreement in case of delay the company was liable to pay charges @ Rs.5 per square feet per month which were to be adjusted at the time of the issuance of notice for possession. As per Clause 2C the payment was required to be made as per payment plan annexed with the agreement and in the event of delay interest at the rate of 18% compounded quarterly was payable by the purchasers. There was also a provision of forfeiture of booking/earnest/registration money in the event of failure to pay the installments due within 90 days from the date due. The complainant has paid all the installments (amounting to Rs.22,37,657) as per agreement a