This complaint has been filed by Rajarshi Saikia against the opposite party, M/s. Unitech Ltd.

2.      Brief facts of the complaint as alleged in the complaint are that on 01.07.2006 complainant booked a residential flat No.1002, Floor No.10, Block: ESC- Tower-8 in one of opposite party projects namely, ESCAPE, Sector 50, at Gurgaon, which was being developed by opposite party.  On 05.09.2006 buyers agreement/apartment allotment agreement was executed with opposite party.  On 01.08.2009, complainant took a housing loan from ICICI bank enabling complainant to make timely payments without any default. On 11.05.2015 complainant issued a legal notice to the opposite party, but opposite party has not even bothered to reply to the said notice. Being aggrieved with the acts of the opposite party, the complainant has filed the present complaint.  The reliefs sought in the present complaint are as follows:-

“(i)  To direct the O.P. to immediately hand over the possession of the residential flat/apartment No.1002, Floor No.10, Block:ESC-Tower-8 in OP project namely, ESCAPE Nirvana at Gurgaon i.e. flat in question in a habitable and livable condition with all amenities or in alternative

Direct the Opposite party to offer complainant an alternative property of same/similar specifications in the same locality as per Clause 4.e. of Buyers’ Agreement in a livable and habitable conditions or in the alternative.

Direct the opposite party to refund the money of the complainant with 18% p.a. interest from the respective dates of payment.

(ii)    In case flat is being offered by the opposite party.

(a)   Direct the opposite party to pay complainants cost of funds @12% pa on the amounts paid by the complainants, from committed date of possession till the date of handover of flat in question in livable and habitable condition with all amenities.

(b)     Direct the opposite party to execute conveyance of the flat in favour of complainants and handing over of physical possession of the flat.

(iii)   Cost of the complaint.”

3.      The opposite party was given opportunity to file written statement but the written statement has not been filed.  Opportunity to file written statement was closed vide order dated 21.7.2016.  The complainant filed his evidence by way of affidavit on 26.09.2016. 

4.      Heard the arguments of the parties and perused the record.  It was argued by the learned counsel for the complainant that for the same project this Commission has passed a reasoned order in CC 498 of 2015, Mr. Sunil Kumar Sawhney Vs. M/s. Unitech Ltd., decided on 19.08.2016 (NC) with connected matters, wherein the following order has been passed:-

“11.        The complaints are, therefore, disposed of with the following directions:-

(i)   The opposite party shall complete the construction of the flats allotted to the allottees/complainants in all respects, provide all the facilities and amenities as per its contractual obligations, obtain the requisite Occupancy Certificate/ part Occupancy Certificate and then offer possession of the said flats to the complainants on or before 31.8.2017.

(ii)   If further construction of the towers in which flats have been allotted to the aforesaid complainants is lying stopped, it shall be resumed by the opposite party within two months from today.

(iii)   The allottees/complainants other than the complainant in CC No.501 of 2015 shall be paid compensation in the form of simple interest @ 10% per annum w.e.f. the committed date of possession till the date the possession in terms of this order is offered to them.

(iv)   The complainants/allottees in CC No.501 of 2015will be paid compensation in the form of simple interest @ 10% p.a. w.e.f. 20.9.2014, till the date the possession in terms of this order is offered to them. They will also be paid the contractual compensation at the rate of Rs.5/- per sq.ft. per month of the super area of the flat for the period between 14.10.2009 to 20.9.2014.

(v)   The opposite party shall pay Rs.5,000/- each as the cost of litigation in each complaint.”

5.      Learned counsel for the complainant requested that a similar order be passed in the present complaint.

6.      On the other hand learned counsel for the opposite party stated that order in CC 498 of 2015, Mr. Sunil Kumar Sawhney Vs. M/s. Unitech Ltd. (supra) was passed on 19.08.2016 and the rate of interest is continuing to decline in the market and banks.  Keeping in view this trend, this Commission has in other judgment in CC No.638 of 2016, Kalpana Chandra Vs. M/s. Unitech Limited, decided on 09.02.2017 (NC) has passed similar order but with interest @8%p.a.  Learned counsel requested that even after this judgment, interest rates have further declined and accordingly, the reduced rate of interest be allowed.

7.      Learned counsel further stated that the project is nearing completion and possession to allottes shall start after some time. Learned counsel for the opposite party informed that all the certificates have been obtained except NOC  from the Fire Department and the same will be obtained very soon.

8.      I have given a thoughtful consideration to the arguments advanced by the learned counsel for the parties and have examined the record.

9.      As the opposite party is confident of giving possession, Consumer Complaint No.361 of 2016 is disposed of with the following directions:

 (a)  The opposite party shall complete the construction and hand over the possession of the allotted flat to the complainant along with all facilities and amenities as per the agreement before 30.06.2018 after obtaining the occupancy certificate.

 (b)  The opposite party shall pay interest @6% p.a. on the deposited amount by the complainant with the opposite party before the due date of possession as per the agreement, from the date of due possession till the date of actual possession.  On the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of possession.  This shall be over and above the delay charges of Rs.5/- per sq.ft. per month as stipulated in the Agreement. The charges if already adjusted shall be counted against this.

(c) If the possession is not given on or before 30.06.2018, the complainant would be at liberty to ask for the refund of total amount paid by him to the opposite party.  In such situation, the opposite party shall refund the total amount received from the complainant within 60 days from the date of demand by the complainant along with interest @11.5% p.a. from the date of respective deposits till actual payment.

(d)   Opposite party shall also pay the cost of litigation as Rs.7,500/- (rupees seven thousand five hundred only) to the complainant.