Delhi

StateCommission

CC/492/2016

MRS. SUCHARITA DATTA - Complainant(s)

Versus

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

MR. AJAY G. MAJITHIA

20 Dec 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Arguments : 20.12.2018

Date of Decision : 14.01.2019

COMPLAINT NO.492/2016

In the matter of:

 

 

Mrs. Sucharita Datta,

W/o. Rakesh Datta,

Previous residing at

A-802 Juhu Giha Swapna, 4, JVPD,

Gulmohar Cross Road,

Juhu Mumbai – 400049.

And now a resident at:-

Flat No.109, Lunkad Green,

Land 2, Plot No.129,

Viman Nagar, Pune-411014 (Maharashtra)          ………Complainant

 

 

Versus

 

1. M/s. Unitech Ltd.,

Registered Office Through Chairman,

6, Community Centre,

Saket, New Delhi-110017.          .                    Opposite Party No.1

 

2. M/s. Unitech Ltd.,

Real Estate Division (Marketing),

Through the Chairman,

Ground Floor, Signature Towers,

South City-1, N.H.8,

Gurgaon – 122001 (Haryana)                          Opposite Party No.2

 

 

CORAM

Hon’ble Sh. 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

Shri O.P. Gupta, Member (Judicial)

 

 

JUDGEMENT

 

1. The case of the complainant is that Ms. Anju Khattar applied for booking a flat in Crestview, Wildflower Country, Gurgaon vide application dated 01.10.11. OP allotted flat no.B-2-04-0402 (2 bed room). The total sale consideration was Rs.76,87,191/- under construction linked instalment plan opted by Ms. Anju Khattar. The OP issued payment schedule on 01.10.11. Ms. Anju Khattar paid Rs.7 lakhs towards  first installment through cheque against receipt. The OP issued another demand letter dated 01.10.11 raising further demand of Rs.17,06,606. Ms. Khattar paid second instalment of Rs.8,44,421/- through cheque against receipt. OP forwarded copies of agreement vide letter dated 21.11.11 and a sale agreement was executed on 05.12.11. Ms. Khattar paid Rs.8,62,185/- through cheque dated 09.01.12 against receipt.
2. Thereafter Ms. Khattar entered into an agreement for sale of the plot to the complainant. Change was made in the record of OP vide letter dated 29.11.12. Receipt of Rs.24,06,606/- was credited in favour of the complainant. On 29.11.12 OP received another Rs.70,450/- from Ms. Khattar against receipt. Complainant sent notice via email dated 21.02.06 raising grievance of delay in offering possession of flat within 36 months from the date of signing the agreement as per clause 4(a)(i). Construction activity had not started on the site.
3. OP was requested to give an alternative flat which is ready to move, in property of similar size and consideration in any complex developed in surrounding area. In the alternative she prayed for refund of the amount with interest @12% per annum from the date of payment i.e. 29.11.12. Notice was not replied. Hence this complaint for directing OP to execute sale deed in respect of the flat booked and immediately deliver possession. In the alternative a prayer for refund with interest @18% has been made. Sum of Rs.5 lakhs for mental agony and harassment and Rs.2 lakhs as cost of litigation has also been prayed. OP put in appearance on 06.12.16 and  received copy of complaint. It was directed to file WS within 30 days. It failed to do so. Its right to WS file was closed on 24.04.17.
4. In her evidence the complainant filed her own affidavit repeating the averments made in the complaint.
5. I have gone through the material on record and heard the arguments. Since flat is not complete, there is no question for execution of sale deed or delivery of possession.
6. Coming to the alternative prayer of refund, the complainant has made self contradictory pleas. In para 21 of the complaint she referred to her notice demanding refund with interest @12% per annum, in prayer clause she has sought interest of 18% per annum.
7. The complainant is second purchaser. She agreed to purchase the flat knowing well that the project had not been commenced till the date of her purchase in Nov. 12 though by that time period of one year had passed. Thus she is not entitled to any compensation.
8. It is reasonable to direct the OP to refund  Rs.24,06,606 with interest @10% per annum from 29.11.12 / the date of purchase by present complainant as mentioned in para 21 of the complaint, till  the date of refund. According the OP is directed to comply with above directions within 45 days from the date of receipt of copy of this order.
9. copy of the order be sent to both the parties free of cost.
10. File be consigned to record room.

 

 

 

                                                                                              (O.P. GUPTA)                                                                                                                                                                                   MEMBER (JUDICIAL)