JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER 1. The brief facts relevant for the disposal of the present consumer complaint are that the complainant had alleged that the opposite party had advertised that the opposite party is developing a Group Housing Complex, namely, ‘UNITECH HABITAT’ located at Plot no. 9, Sector Pi – II (Alistonia Estate), Greater Noida, District Gautam Budh Nagar, Uttar Pradesh and invited application from the interest parties. The complainant made an application on 15.06.2006 for the allotment/ registration of a residential apartment in the aforesaid Group Housing Complex and were issued with a receipt no. 1587 on 15.06.2006 by the opposite party, towards the acknowledgment of payment of Rs.5 lakh as booking amount out of the total sale consideration of Rs.72,14,504/-. Apartment allotment agreement was duly executed between the complainant and the opposite party on 16.06.2007. The complainant made total payment of Rs.65,51,998/- during the period from 15.06.2006 to 03.02.2009 for which receipt nos.1587, 1725, 2379, 2931, 3551, 003972, 004617, 005212, 005723, 006158, 006820 and 0072117 dated 15.06.2006, 05.10.2006, 07.12.2006, 01.03.2007, 29.05.2007, 29.08.2007, 29.11.2007, 28.02.2008, 28.05,2008, 23.08.2008, 04.12.2008 and 03.02.2009 respectively were issued. The possession of the apartment was to be delivered within 36 months of the signing of the agreement, i.e, by 15.06.2016. 2. The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 03.12.2016 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present complaint. In the complaint the complainant has prayed for refund of Rs.1,36,28,155/- 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 parties. 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 within 36 months but despite the expiry of the said period the possession of the apartment was not handed over to complainant. They have also stated that they have paid a total sum of Rs.65,51,998/- 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 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.65,51,998/- 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. 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. |
