NCDRC

NCDRC

CC/1429/2017

PRASOON DUBEY & ANR. - Complainant(s)

Versus

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

MR. SUSHIL KAUSHIK & MS. HIMANSHI SINGH

23 Aug 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 1429 OF 2017
 
1. PRASOON DUBEY & ANR.
479, First Floor, Orchid Island, Sector - 51,
Gurgaon
Haryana
2. Ruchi Dubey
479, First Floor, Orchid Island, Sector - 51,
Gurgaon
Haryana
...........Complainant(s)
Versus 
1. M/S. UNITECH LTD.
6, Community centre, Saket,
New Delhi
...........Opp.Party(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Complainant :MR. SUSHIL KAUSHIK & MS. HIMANSHI SINGH
For the Opp.Party :
Mr Babanjeet Singh Mew, Advocate

Dated : 23 Aug 2018
ORDER

JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER

1.           The briefs facts relevant for the disposal of the present consumer complainant are that the complainants on 08.02.2011 applied for allotment of an apartment in the Group Housing Scheme known as ‘Crestview’ in the land acquired by the opposite party in Village Faizalpur, Jharsa and Badshahpur, Sector 70, Gurgaon, Haryana, and also paid the application money. They were allotted an apartment and a builder-buyer agreement was also executed. Under the said agreement the total consideration for the said apartment was fixed by the opposite party which was accepted by the complainants. As per the builder buyer agreement, the opposite party had promised to hand over the apartment to the complainants within 36 months from the date of the signing of the agreement. However despite lapse of the agreed time, the possession was not handed over to the complainants by the opposite party till 20th July 2015. The complainants also learned that the construction had not yet started. The opposite party had been issued with a Licence no. 66 of 2011 by the Director, Town and Country Planning, Haryana and the same has since been expired. On this facts and contention, the present consumer complaint has been filed by the complainants, wherein it has been prayed that the opposite party be directed to refund the entire amount collected from the complainants towards the housing project along with interest at the rate of 18% per annum along with compensation and a sum of Rs.5.00 lakh towards mental agony and harassment. The total consideration of the apartment was Rs.88,16,664/-, whereas the amount paid by the complainants so far as per the payment plan was Rs.26,43,656/-.

2.     Learned counsel for the complainant presented before me a judgment of this Commission in case of Vinay Prakash vs M/s Unitech Ltd., (CC no. 1576 of 2016) and connected complaint nos.  1442 of 2016, 1313, 1314, 1315, 1316, and 1317 of 2015 decided on 19th July 2017, and has prayed that a similar order be passed in this case as well.  Learned counsel for the complainant confines his relief only for the refund of the money which he had paid to the opposite party along with simple interest @ 12% per annum from the date of payment till its realisation.

3.     Learned counsel for the opposite party has not disputed the fact that in a similar project, this Commission in the case of Vinay Prakash vs M/s Unitech Ltd., has directed to refund of the money paid by the complainant with simple interest @ 12% per annum from the date of payment till its realisation and also granted litigation cost.

4.     I have heard the learned counsel for the parties and perused the records.

5.     In view of the fact that the payment of amount of Rs.26,43,656/- has not been disputed by the opposite party. In view of the discussion above, I allow the present consumer complaint with the following directions:

(i)     The opposite party shall refund an amount of Rs.26,43,656/- to the complainants the respective amounts paid to it by the complainants within six weeks from today along with compensation with simple interest @ 12% p.a. from the date of payment till the realisation of the amount.

(ii)    The opposite party shall pay a sum of Rs.10,000/- as litigation cost to the complainants.

6.         With these directions the present consumer complaint stands disposed of.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.