JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER 1. The brief facts relevant for the disposal of the present consumer complaint are that the complainant had booked a residential flat at Unitech Horizon, and was allotted Flat no. 0501, Tower no. 21, Unitech Horizon, Greater Noida, vide allotment letter/ agreement dated 09.05.2006. The total area of the said flat was 1705 sq ft which was allotted for basic price of Rs.45,60,875/- along with additional PLC amount of Rs.1,70,500/-, lease rent of Rs.61,380/- and car parking space for Rs.1,50,000/-, totalling to Rs.49,42,755/-. As per the allotment letter/ agreement the possession of the said flat was to be handed over to the complainant on or before 15.11.2008. All instalments were scheduled to be paid by 01.09.2008. Substantial payments were made up to 01.07.2008 and the final four instalments were finally made on 27.03.2009 and only the final payment of Rs.2,28,054 remains to be paid. The complainant states that despite making the entire payments towards the said flat almost eight years back, the opposite party has not yet completed the construction and handed over the possession of the said flat to the complainant till date. The opposite party is claiming payment of penal interest @ 18% per annum compounded quarterly. 2. The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 17.11.2014 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present consumer complaint. In the complaint the complainant has prayed for refund of Rs.47,29,701/- along with interest @ 18% per annum from the date of institution of the present complaint till realisation of the said amount. 3. The opposite party was duly served of the complaint. However, despite service of notice upon them, no written statement was filed. The complainant led evidence by filing affidavit evidence. 4. I have heard the arguments of the learned counsel for the complainant. During the course of the argument, learned counsel for the complainant states that he confines to his argument only to the directions which has been issued by this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17th April 2018 and prays for no other relief. 5. The complainant by way of an un-contradicted testimony has proved that the opposite party has entered into an allotment letter-cum- agreement with the complainant and was supposed to hand over the apartment to the complainant on or before 15.11.2008, but despite the expiry of the said period the possession of the apartment was not handed over to the complainant. She has also stated that they have paid a total sum of Rs.47,29,701/- to the opposite party towards the cost of the apartment on various dates. 6. 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 present consumer complaint. 7. In view of the earlier stand of this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17th April 2018, I allow the present consumer complaint with the following directions: The opposite party shall refund the entire amount of Rs.47,29,701/- to the complainant within six weeks from today along with compensation of simple interest @ 10% per annum from the date of payment of respective amount till the realisation of the amount. The opposite party shall pay a sum of Rs.10,000/- as cost of litigation to the complainant.
8. With these directions the present consumer complaint stands disposed of. |
