NCDRC

NCDRC

CC/55/2015

MANISH JAIN & ANR. - Complainant(s)

Versus

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

MR. SUSHIL KAUSHIK

26 Apr 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 55 OF 2015
 
1. MANISH JAIN & ANR.
S/o. Shri Jivender Kumar Jain, R/o. Flat No. 5AX, Shristi Apartments, Plot No. Gh 56, Sector 56,
Gurgaon - 122 001.
...........Complainant(s)
Versus 
1. M/S. UNITECH RESIDENTIAL RESORTS LTD.
Through Its Managing Director, 6, Community Center, Saket
New Delhi - 17
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Complainant :
Mr. Sushil Kaushik, Advocate
Ms. Himanshi Singh, Advocate
For the Opp.Party :
Mrs. Navneet S. Sehgal, Advocate

Dated : 26 Apr 2017
ORDER

JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)  

         

           The learned counsel for the opposite party states on instructions that the construction of the flat will be complete in all respects within eight months from day.  The issue of pecuniary jurisdiction is not raised by her.  When this matter was taken up on 22.9.2016, and was adjourned for today, the counsel for the opposite party had stated that the construction was likely to be completed and possession was likely to be offered in the meanwhile.  Obviously, the statement made on the last date of hearing is not proved to be correct.  Be that as it may, I am inclined to grant more time to the opposite party to complete the construction, obtain the requisite occupancy certificate and offer possession of the flat to the complainants since the complainants want to have possession of their flats and do not want refund of the amount paid by them.  The complaint is therefore disposed of with the following directions:

  1. The opposite party shall complete construction of the flats allotted to the complainants in all respects, obtain the requisite occupancy certificate and offer possession of the said flat to the complainants positively, within one year from today;

  2. The opposite party shall give compensation in the form of simple interest @ 9% per annum on the amount of Rs.49,33,802/- from the committed date of possession i.e.
    1st February, 2012 till the date on which the possession in terms of this order is actually offered to them, while offering possession of the flat.This is acceptable to the complainants.

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

 
......................J
V.K. JAIN
PRESIDING MEMBER

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