JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) This is a complaint filed under the provisions of Section 12(1)(c) of the Consumer Protection Act on behalf of or for the benefit of all the allottees of residential flats in a project namely ‘The Residencies’, which the OP was to develop in Sector-33 of Gurgaon. The case of the complainants is that on allotment of residential flats to the buyers, they executed separate agreements with the OP on different dates incorporating their respective obligations. This is also the submission of the learned counsel for the complainants that the agreements executed between the allottees and the builder were identical agreements and as per clause 4(a)(i) of the said agreement, the possession was to be delivered within 30 months of their execution. The particulars of the allotments made to the complainants before this Commission including the Unit Numbers, the date of execution of Buyers Agreement, the date by which possession was to be delivered and the total amount paid by each of them have been tabulated in a chart filed by the complainants and the said particulars are as under: NAME | APPARTMENT DETAIL | BUYER'S AGREEMENT | DATE OF POSSESSION | TOTAL AMOUNT PAID | SHIKHA YADAV | UNIT NO. 0004, TOWER D1, FLOOR 00 | 23/07/2009 | 23/01/2012 | 3,312,434.00 | PANKAJ VASHISHTHA & ANR. | UNIT NO. 0104, BLOCK C1, FLOOR 1 | 31/05/2009 | 31/11/2011 | 3,424,440.00 | KRISHNENDU DUTTA | UNIT NO. 1401,BLOCK E3, FLOOR 13 | 21/09/2009 | 21/03/2012 | 5,467,123.00 | KIRAN YADAV | UNIT NO. 0402, BLOCK A2, FLOOR 4 | 22/07/2009 | 22/01/2012 | 5,086,658.00 | HIMANSHU SHARMA & ANR. | UNIT NO. 0402, BLOCK F2, FLOOR 4 | 4/7/2009 | 4/1/2012 | 4,665,247.00 | AMIT SACHDEVA & ANR. | UNIT NO. 0003, BLOCK E1, FLOOR 00 | 18/08/2009 | 18/02/2012 | 3,420,984.00 | UMESH GOYAL & ANR. | UNIT NO. 0402, BLOCK H1, FLOOR 4 | 14/07/2009 | 14/1/2012 | 4,700,634.00 | ASHOK KUMAR JANGRA | UNIT NO. 0204, BLOCK G2, FLOOR 2 | 27/06/2009 | 27/12/2011 | 3,234,897.00 | VISHAL RASTOGI & ANR. | UNIT NO. 0503, BLOCK H1, FLOOR 5 | 10/8/2009 | 10/2/2012 | 3,633,351.00 | SONIA SANGWAN | UNIT NO. 1003 BLOCK A3 FLOOR 10 | 01/03/200 | 01/03/2012 | 4,531,415.00 | ARUN KUMAR DATTA | UNIT NO. 0401 FLOOR 04 TOWER E2 | 30/09/2009 | 30/03/2012 | 4,624,128.00 | KIRAN KHANNA & ANR. | UNIT NO. 0304, BLOCK F3, FLOOR 03 | 18/07/2009 | 18/01/2012 | 3,332,492.00 | SAMEER BHASIN | UNIT NO. 1003, BLOCK F2, FLOOR 10 | 3/7/2009 | 3/1/2012 | 3211785 | RUCHIKA GROVER & ANR. | UNIT NO. 0302, BLOCK C1, FLOOR 3 | 29/5/2009 | 29/11/2011 | 4,813,159.00 | POOJA SINHA & ANR. | UNIT NO. 0301, BLOCK C3, FLOOR 3 | 21/07/2009 | 21/01/2012 | 5,037,124.00 | SANJEEV BANZAL & ANR. | UNIT NO. 0501, BLOCK E3, FLOOR 5 | 19/08/2009 | 19/02/2012 | 4,637,026.00 | ULLAS SHARMA & ANR | UNIT NO. 1202, BLOCK D2, FLOOR 12 | 12/9/2009 | 12/3/2012 | 5,896,563.00 | SOWRICK BISWAS & ANR. | UNIT NO. 1104,BLOCK H1, FLOOR 11 | 17/08/2009 | 17/02/2012 | 3,157,902.00 | SAURABH VERMA | UNIT NO. 1403, BLOCK F2, FLOOR 13 | 12/11/2009 | 12/5/2012 | 3,230,425.00 | SAROJ GUPTA & ANR. | UNIT NO. 0603,BLOCK G2, FLOOR 6 | 4/7/2009 | 4/1/2012 | 3011899 | DENESH GOYAL | UNIT NO 1003 BLOCK G1 FLOOR 10 | 11/08/2009 | 11/01/2012 | 3,798,025.00 |
Since the possession of the allotted flats has not been delivered, the complainants are before this Commission with the following prayers: Direct the OP to handover the possession of the apartments in the present project complete in all respects to the respective buyers/allottees/purchasers immediately as per the Buyer’s Agreement and execute all the necessary and required documents in respect of their respective apartment in favour of the buyers/allottees/purchasers. Direct the OP to pay compensation, to each of the Buyer/allottees of houses in the present project for the delay in handing over the possession of the respective houses, in form of interest @ 12% per annum on the amount paid by them till date for the period starting from the committed date of possession till the actual possession of the apartments are handed over to the respective allottees/buyers. Grant immunity to the Buyers/Allottees of houses in the present project from payment of any charges incurred due to any escalation in cost including enhanced Service Tax or Stamp Duty/Registration Charges.
2. The permission in terms of Section 12(1)(c) of the Consumer Protection Act was granted to the complainants vide order dated 23.10.2018 and a public notice in ‘Times of India’ and ‘Nav Bharat Times’ was published on 21.02.2019. The newspapers in which the public notices were published, have already been filed and are available on record, the Hindi newspaper ‘Nav Bharat Times’ having been handed over today in the course of the arguments. No other flat buyer has come forward seeking refund in this complaint, despite publication of the notice. 3. Vide order dated 23.10.2018, while granting permission u/s 12(1)(c) of the Consumer Protection Act to the complainants, the complaint was formally admitted and the OP was permitted to file its written version within 30 days. The written version having not been filed, the right of the OP to file the written version was closed vide order dated 25.03.2019. I have considered the affidavits filed by the complainants by way of evidence and have heard the counsels who have appeared when the matter is called. 4. The affidavits and the documents filed by the complainants prove the allotments made to them as well as the payment they claim to have made to the OP. The possession of the allotted flats was to be delivered to the flat buyers within 30 months of the execution of the agreement with them. The agreements with the complainants before this Commission having been executed on different dates in the year 2009, except in case of one Dinesh Goyal who purchased the flat in a re-sale, the possession ought to have been delivered to them in the year 2011/2012 itself. Even in case of Dinesh Goyal, the agreement was executed on 11.08.2009 and he purchased the apartment from the original allottee on 23.10.2009. Therefore, in his case also, the possession ought to have been delivered in the year 2012. 5. Since the possession has not been delivered to the complainants, they are entitled to possession of the allotted flats in a time bound manner with adequate compensation. Other flat buyers on whose behalf this complaint is instituted and who have not been offered possession despite the last date committed for delivery of possession having already expired, are also entitled to similar relief, this being a class action initiated u/s 12(1)(c) of the Consumer Protection Act. 6. The learned counsel for the complainants also submits that vide letter dated 20.04.2015 sent to the allottees, the OP had intimated a revised date for delivery of possession to them but the possession was not offered even by the revised date committed by the OP for this purpose. 7. The learned counsel for the complainants states that the complainants are seeking delivery of possession of the allotted flats alongwith compensation in the form of simple interest @ 8% per annum from the date committed for delivery of possession till the date on which the possession is actually offered to them, after completing the construction of the allotted flats in all respects and obtaining the requisite Occupancy Certificate. 8. For the reasons stated hereinabove, the complaint is disposed of with the following directions: (i) The scope of this order would be limited to the complainants and all such other allottees of the project namely ‘The Residencies’ in Sector-33 of Gurgaon who want possession of the flats allotted to them by the OP namely ‘Unitech Residential Resorts Ltd.’ with compensation, whose allotments have not been cancelled and who have already not approached either this Commission or any other Court/Forum for the redressal of their respective grievances. (ii) The OP shall complete the construction of the residential flats allotted to the complainants and all other allottees referred in direction (i) above, within six months from today, shall obtain the requisite Occupancy Certificate at their responsibility within nine months from today and offer possession of the allotted flats complete in all respects to the aforesaid allottees within twelve months from today. (iii) The OP shall pay compensation in the form of simple interest @ 8% p.a. to complainants and all other allottees for whom or on whose behalf this complaint is instituted, w.e.f. the date committed for delivery of possession till the date on which the possession is actually offered to them in terms of this order. (iv) The balance amount if any, payable by the complainants and other such allottees to the OP, shall be adjusted out of the compensation payable to them in terms of this order. (v) The balance compensation if any, shall be paid to the concerned allotteees including the complainants, at the time of offering possession in terms of this order. (vi) The OP shall pay a sum of Rs.25,000/- as the cost of litigation to the complainants besides bearing the cost of publication of the notices in the newspapers. |
