Holding Unitech Ltd guilty of deficiency in service for over 10-year delay in handing over possession of flat, the National Consumer Disputes Redressal Commission has directed it to refund the amount of Rs 58.41 lakh along with interest and pay litigation cost of Rs 10,000 to the complainant, who is now residing in the USA.
Presiding member Deepa Sharma held that complainant Shakti Kumar Matta “by way of an un-contradicted testimony has proved that the opposite party has entered into an agreement with the complainants and was supposed to hand over the apartment to the complainant within 36 months but despite the expiry of the said period the possession of the apartment was not handed over to the complainants. They have also stated that they have paid a total sum of Rs.58,41,623 to the opposite party towards the cost of the apartment on various dates”.
In this case, Matta had booked a flat in the project namely ‘Unitech Habitat” in Greater Noida, District Gautam Budh Nagar, Uttar Pradesh.
As per the agreement made in year 2006, the complainant started paying the amounts as per the payment plan and demands raised by Unitech from time to time. An allotment letter was also issued and the complainants paid Rs.58,41,623.
Unitech had promised to hand over the possession in 36 months i.e., by November 7, 2009. The total sale consideration of the flat was Rs.61,26,771 whereas the said amount was increased to Rs.65,11,323. Out of the said amount, the complainants had paid Rs.52,72,349 plus interest and,in all, a sum of Rs.58,41,623 stands paid as on 1st March 2009 and the balance was to be paid at the time of handing over the possession of the said apartment.
Despite the passage of 120 months, the flat’s possession was not handed over to the complainants forcing them to serve a legal notice on Unitech in September 2015, but in vain.
They then moved NCDRC seeking a refund of the amount paid along with interest of 18 percent.
“Since the complainant has clearly stated that the opposite party has failed to hand over the apartment within the stipulated period, the opposite party has committed deficiency in service, and therefore, I allow the complaint,” held the Commission.
It directed Unitech to refund the entire amount of Rs.58,41,623 to the complainant within six weeks from today along with compensation of simple interest @ 10% per annum from the date of payment till the realisation of the amount. Unitech will also have to cough up a sum of Rs.10,000 as the cost of litigation to the complainant.