Delhi

StateCommission

CC/103/2016

SH. HEMANT NANKANI - Complainant(s)

Versus

M/S UNITECH LTD. - Opp.Party(s)

NEELESH KUMAR

27 Aug 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :  27.08.2019

Date of Decision : 11.09.2019

Complaint No. 103/2016

 

In the matter of :-

 

Sh. Hemant Nankani,

S/o Sh. Amba Lal Nankani,

Flat No.15, Second Floor,

Ashiana Greens, Indirapuram,

Ghaziabad, UP.                                                                …..........Complainant

 

Versus

 

M/s. Unitech Limited,

6, Community Centre, Saket,

New Delhi-110017.                                                ….............Opp. Party

 

Also at:

 

UGCC, Pavillion, Sector-96, Express Way,

(Near Amity Management School), Noida-201306,

Gautam Budh Nagar, UP.

                                                            

CORAM

 

O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                        Yes/No

2.      To be referred to the reporter or not?                                                                                                     Yes/No

 

Sh. O.P. Gupta, Member (Judicial)

Judgement

1. The case of the complainant is that on his application dated 02.12.2012, he was allotted Unit No.605, Tower C5, 6^th floor in the project namely “Unihomes-3” of plot No.GH001, Sector-113, Noida, Gautam Budh Naga, UP having super area of 110.74 sq.meter.  Allotment of agreement dated 03.12.2012 was executed. Total consideration was Rs.49,46,104/- .  He had deposited 40% of the total cost.  He also deposited interest on delayed payment. He was shocked and surprised when he visited the site and found that ongoing construction work on the project was negligible. Tower-C5 has reached till foundation only.  The quarterly report of OP shows that providing physical possession was not possible in next four years.

 

2. He sent mail on 23.06.2015, 04.08.2015 to swap to another block in the same location or in another project in Noida which was supposed to be completed by December, 2015.   He got a legal notice dated 01.10.2015 issued demanding return of his deposited amount with interest @24% per annum.  Hence, this complaint for directing the OP to shift the unit in another block or another project where he could get physical possession as soon as possible, or to refund Rs.19,98,547/- with interest @24% per annum.  He has also prayed compensation of Rs.10 lacs.

 

3. OP was served for 27.04.2017 and put in appearance through its AR Ms. Preeti Mala.  Copy of complaint was supplied and WS was directed to be filed within 30 days.  Op failed to do so.  Its right to file WS was closed vide order dated 14.11.2017.

 

4. In its evidence, complainant filed his own affidavit.  He has also filed written arguments.
5. I have gone through the material on record and heard the arguments. There is no reason to disbelieve the unrebutted case of the complainant, more so when it is based on documentary evidence.  The booking was done in 2012 and now we are in 2019.  Still there is no hope for possession. The OP is directed to refund Rs.19,98,547/- with interest @9% from the date of payment till date of refund.
6. Copy of the order be sent to both the parties free of cost and District Forum for information.

 

7. File be consigned to Record Room.

 

(O.P. Gupta)

Member (Judicial)