Tamil Nadu

South Chennai

CC/94/2014

N.S.Srinivasan - Complainant(s)

Versus

Unitech Limited - Opp.Party(s)

Party in Person

14 Jun 2017

ORDER

                                                                        Date of Filing :   18.02.2014

                                                                        Date of Order :   14.06.2017

DISTRICT CONSUMER DISPUTE REDaRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO. 94/2014

THURSDAY THIS  14^TH   DAY OF JUNE 2017

N.S. Srinivasan,

8/16, First Floor,

C.G.E. Housing Colony,

Kuppam Beach Road,

Thiruvanmiyur,

Chennai 600 041.                                        .. Complainant

 

                                        ..Vs..

 

1. Unitech Limited,

(Rep. by its authorized Signatory),

TPL House, Ground Floor,

No.3, Cenotaph Road,

Teynampet,

Chennai 600 018.

 

2. Shri Ramesh Chandra,

Executive Chairman, Unitech Limited,

Corporate Office at :

Unitech House, L Block, South City-1,

Gurgaon 122 001.

 

3. Shri Ajay Chandra,

Managing Director,

Unitech Limited,

Corporate Office at

Unitech House, L Block, South City-1,

Gurgaon 122 001.                                        .. Opposite parties.

 

 

Counsel for Complainant         :    Party in person.  

Counsel for opposite parties     :    M/s. Shivakumar and Suresh

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to handover the key for possession of the Apartment G-001 of Tower-26, Unihome-1, Nallambakkam, Chennai with 18% compound interest quarterly rest for Rs.12,45,182/-  and also to pay a sum of Rs.8,000/- p.m. towards rental damages  and also to pay Rs.14,382/- towards compensation for additional registration charges  and also to pay Rs.5,00,000/- towards damages for mental agony and hardship  and Rs.30,000/- towards cost of the litigation.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he booked a 2BHK apartment of 700 Sq. ft in Unihome – Chennai launched by the opposite parties in September 2009 by paying Rs.1,00,000/- as booking amount through Goodwill Quest India (Pvt) Ltd, Chennai.   He paid the booking amount of Rs.1,00,000/- through cheque for a total consideration of Rs.14,19,600/-.  Thereafter on receipt of the signed booking application from the complainant, the opposite parties allotted the apartment No.G-001.   The complainant further submit that Clause VII para 1 at page 4 of the construction agreement signed on 5.5.2010, the delivery of the apartment would be by the end of 24 months from date of signing the booking application.   As per construction agreement the complainant had paid the total amount of Rs.12,45,312/- to the opposite parties as on 22^nd October 2010 amounting to approximately 90% of the entire cost.     

2.     Further the complainant  contended that  he already paid 90% of the cost as on 22.10.2010 by taking loan from ICICI bank and was asking repeatedly the opposite parties to execute the UDS registration as per agreement.   The opposite parties failed to execute UDS registration within 60 days from 22.10.2010 amounting to deficiency in service.   Despite of several demands made by the complainant the sale deed for UDS was executed on 28.11.2011 by the opposite parties for a total sale consideration of Rs.2,86,554/-.    The complainant also states that when he asked the reason for the delay the opposite parties stated that the statutory authority gave clearance only in November 2011, till date the opposite parties have not produced such letter from the Statutory Authority not permitting the registration from October 2010 to November 2011.   Further the opposite parties intimated to pay an additional registration sum of Rs.14,832/-.     The delay by the opposite parties in registration of UDS for more than a year again amounts to deficiency in service.     The complainant is also paying Rs.8000/- per month for the rented house.    As such there is an inordinate delay in construction and handing over the possession of the property and execution of registration of sale deed by the opposite parties which caused great mental agony and hardship to the complainant.   Hence this complaint is filed.

 

3. The brief averments in the Written Version of  the opposite parties 1 & 2    are as follows:

        All the averments and allegations made in the complaint are denied as false except to the extent admitted herein.   The opposite parties states that  it is true that the complainant has signed the agreed terms and conditions mentioned in the application on 23.9.2009 and the complainant has booked the said unit after due inspection.  The complainant has agreed and executed the agreement for construction of an apartment dated 5.5.2010 and the clause 7 of such agreement clearly state that  “ Timely Payment of the installment payments as said above shall be the essence of this agreement.  Any breach of any of the terms of this agreement or any default by the purchaser in payment of the entire consideration or any installment thereof on the due dates, for whatsoever reason shall be construed as the breach of agreement committed by the purchaser and without prejudice to any other rights the construction company at this discretion /option may, either continue with agreement and claim the amounts in default / arrears with interest on the defaulted installments at the rate of 18% p.a. from the date of default to the date of payment.     It is also false to state that the opposite party had given  higher discount of Rs.90,405/- for several other customers and has given less discount of Rs.54,243/- to the complainant.  Even though the complainant had not paid the amount on the due dates and had committed default in the payment this opposite parties have given a discount of Rs.54,243/- to the complainant and that once again based on the complainant request, the opposite parties have given a further discount of Rs.36,162/-.  

4.     Further the opposite parties stated that it is false to state that the opposite parties failed to execute the UDS registration within 60 days from 22.10.2010.   The opposite parties also state that it is false to state that the delay by opposite parties in registration of UDS for more than a year again amounts to deficiency in service resulted in the complainant  paying Rs.345/- per sq. ft. additionally for the registration charges, causing an arbitrary loss of Rs.14,832/-.     The opposite parties submit that the complainant has already defaulted in payment of due and also the complainant has got the waiver of interest from the opposite parties and therefore the complainant cannot be entitled to claim Rs.5/- sq. ft. of allotted super area per month and the opposite parties have not committed any deficiency in service.   Hence the complaint is liable to be dismissed.  

 5.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A48 marked.  Proof affidavit of opposite parties  filed and Ex.B1 to Ex.B4  marked on the side of the opposite parties and oral arguments let in.

6.   The point for the consideration is:  

 

1. Whether the complainant is entitled to possession of the Apartment

G-001 of Tower-26, Unihome-1, as prayed for ?

 

2. Whether the complainant is entitled to 18% compound interest quarterly rest for Rs.12,45,182/-?

 

3. Whether the complainant is entitled to a sum of Rs.8,000/- p.m towards rent for the delay in construction as prayed for ?

 

4. Whether the complainant is entitled to a sum of Rs.14,382/- towards compensation for the additional  registration charges ?.

 

 

5. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for deficiency of service committed by the opposite party with cost of Rs.30,000/- as prayed for ?

 

7.      POINT NO.1

 

        After institution of this case, the complainant admitted in the affidavit in support of receiving additional document stated that “… the opposite parties have handed over the possession of my apartment.  The possession of my apartment was delivered on 30.5.2015, only after filing this complaint within this Hon’ble Forum as filed Ex.A46.  The learned counsel for the opposite parties contended that the possession was handed over on 24.11.2014 as per Ex.B3 & Ex.B4 in which the complainant duly affixed his signature establishes that the complainant suppressed some material facts in this case.  Considering the facts and circumstances of this case, this forum is of the considered view that the  complainant duly taken possession of the property after fully constructed as per Ex.B3  & Ex.B4 and this point is answered accordingly.

 

8.      POINT NO.2:

       

        The complainant contended that there is an inordinate delay in handing over the possession of the apartment as per the agreement and the complainant has paid a sum of Rs.12,45,182/- earlier as on 22.10.2010; since the opposite parties have committed deficiency of service in delaying the construction and handing over the possession, the complainant is entitled interest at the rate of 18% p.a. for Rs.12,45,312/.   But admittedly as per Ex.A9 the total cost is Rs.14,90,600/-; the complainant paid only a sum of Rs.12,45,312/- in the complaint Para-19  it is stated that “… with the payments already given to opposite parties and including the payment given through loan from ICICI Bank Ltd the complainant has paid the opposite parties a total amount of Rs.12,45,312/- as on 22^nd October 2010 amounting to approximately 90% of the entire cost”.    The complainant has not pleaded and proved that he had paid the balance amount of Rs.1,75,488/- towards the total cost as per the agreement.

 

9.     The learned counsel for the opposite parties contended that the complainant is a chronic defaulter in payment; he had defaulted in payment of installment much less he has paid only a sum of Rs.12,45,312/- alone is admitted by himself.  The complainant has not paid the balance amount  of Rs.1,75,488/- till date.  The complainant is not entitled to any interest since he has defaulted in payment of cost of construction in full.  Considering the facts and circumstances of this case, this forum is of the considered view that the complainant is not entitled to any interest as prayed for in this case and point is answered accordingly.

 

 

 

10.    POINTS :-3 & 4 :

         

        Further the complainant contended that he has paid a sum of Rs.14,382/- towards additional registration charges at the time of execution of sale deed for UDS, since the registration was delayed guide line value was increased.  The learned counsel for the complainant contended that as per the agreement Ex.A9 Column No.VII (8) the complainant is entitled to monthly rent at the rate of Rs.5/- per sq. ft.   But it is seen apparently that the complainant has not paid the entire total cost of construction and kept a due of Rs.1,74,480/-.  On the other hand the complainant received a sum of Rs.90,405/- towards discount.   Similarly he has not paid a sum of Rs.10,500/-  towards interest free  security deposit, Rs.25,000/- towards  electricity board charges and water charges, Rs.7500/- towards property assessment charges and  Rs.12,600/- towards maintenance charges.  The learned counsel for the opposite party contended that admittedly there is a delay in handling over the possession of the apartment and registration of the same but the complainant was given a huge discount of Rs.90,405/- is admitted.   The complainant also failed to pay a sum of Rs.1,90,900/- towards various charges.  The complainant also has not denied the above said charges.  Considering the facts and circumstances of this case, this forum is of the considered view that the complainant is not entitled to any amount towards rent or additional registration charges and point is answered accordingly.

 

11. POINT No.5.  

 

The complainant contended that there is an inordinate delay in construction and handing over the possession of the property and execution of registration of sale deed caused great mental agony, claiming a sum of  Rs.5,00,000/- towards compensation for such mental agony but admittedly the complainant received a sum of Rs..90,405/- towards discount.  Equally the complainant has not paid Rs.1,74,418/-  towards total cost of the apartment.  The complainant neglected to pay local charges and charges as per Ex.B2 amounting more than Rs.1,00,000/-. Further the complainant has not adduced sufficient evidence to prove the extent of mental agony caused.   The learned counsel for the opposite party contended that even though there is a delay of construction and handed over the possession of the property the opposite party after fully, constructed the property and handed over the possession  on 24.11.2014.   The complainant has not paid the entire cost price, and keeping balance of Rs.1,74,418/- but received the discount amount of Rs.90,405/-.  The complainant also has not paid the local charges as per Ex.B3 amounting Rs.1,00,000/-  the complainant neglected to prove the vital factors related to mental agony and pleaded that he has suffered deficiency in service.    Equally the basis for claim of compensation and damages has not been proved by the complainant.   Considering the facts and circumstances of the case, this Forum is of the considered view that the complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

         In the result, the complaint is dismissed.  No cost.

 

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  14^th  day  of  June 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants” side documents:

Ex.A1-         -       - Copy of communication for booing apartment in Unihome.

Ex.A2- 69.2009     - Copy of receipt of Rs.1,00,000/-

Ex.A3-         -       - Copy of allotment letter of apartment.

Ex.A4- 3.12.2009  - Copy of receipt for Rs.74,150/-

Ex.A5- 13.1.2010  - Copy of loan sanction letter by HDFC.

Ex.A6-         -       - Copy of delay in disbursing HDFC loan.

Ex.A7- 21.1.2010  - Copy of receipt for rs.1,56,500/-

Ex.A8- 5.5.2010    - Copy of UDS agreement

Ex.A9- 5.5.2010    - Copy of Construction Agreement.

Ex.A10-       -       - Copy of communication regarding waiving off interest.

Ex.A11- 20.8.2010         - Copy of demand letter given to complainant.

Ex.A12- 31.7.2010         - Copy of demand letter given to other customers.

Ex.A13-       -       - Copy of communication regarding the discrepancy in

                              discount.

 

Ex.A14-       -       - Copy of account ledger crediting balance discount.

Ex.A15-       -       - Copy of mail from ICICI bank. 

Ex.A16- 22.10.2010- Copy of receipt of Rs.9,14,382/-

Ex.A17-       -       -  Copy of communication regarding delay in UDS

                               Registration.

Ex.A18- 28.11.2011- Copy of sale deed executed.

Ex.A19-       -       -  Copy of communication asked date of delivery &

                               construction.

Ex.A20-       -       - Copy of Home loan account statement.

Ex.A21-       -       - Copy of Rental agreement.

Ex.A22-       -       - Copy of correspondence  between the complainant and the

                               Opposite parties.

Ex.A23- 30.7.2013         - Copy of the minutes of the meeting held on 30.7.2013,

Ex.A24-       -       - Copy of correspondence between the complainant and the

                              Opposite parties.

Ex.A25- 13.9.2013         - Copy of legal notice

Ex.A26- 21.10.2013 –Copy of reminder notice.

Ex.A27- 25.12.2013- Copy of email sent to opposite parties.

Ex.A28-       -       -  Copy of NCDRC Verdict on 29.5.2013.

Ex.A29-       -       -  Copy of email confirming Unihome project

Ex.A30-       -       -  Copy of mail by HDFC delay by opposite parties.

Ex.A31-       -       -  Copy of the ack. by the opposite parties.

Ex.A32-       -       -  Copy of letter from SRO on fixation of guideline value.

Ex.A33- 19.7.2013         -  Copy of mail sent by the complainant and the opposite

                                Parties regarding the meeting on 19.7.2013.

Ex.A34- 26.8.2013         -  Copy of mail to opposite parties with demands by the

                               Complainant.

Ex.A35- 13.9.2009         -  Copy of registration letter receipts.

Ex.A36-      -       -  Copy of Advertisement by the opposite party The Hindu.

Ex.A37-       -       -  Copy of mail by other customers to the opposite parties.

Ex.A38-       -       -  Copy of construction updates as Jan 2014 & Sep 2014.

Ex.A39- 19.11.2014-  Copy of registered letter sent to opposite parties.

Ex.A40- 26.1.2015         -  Copy of registered letter sent to opposite parties

             8.12.2014 -  Copy of mail sent to opposite party possession

             22.11.2014-  Copy of revised statement of account.

Ex.A41- 3.4.2015    -  Copy of registered letter sent to opposite parties

             8.2.2015    -  Copy of mail sent to opposite party possession

             16.3.2015           -  Copy of mail sent to opposite party possession.

Ex.A42- 14.4.2015         -  Copy of mail sent to opposite party pending possession.

             17.4.2015  -  Copy of mail sent to opposite party possession.

             26.4.2015  -  Copy of mail by opposite parties to Unihome

Ex.A43-  14.5.2015   -  Copy of mail sent by opposite parties.

Ex.A44- 18.5.2015  - Copy of mail sent to opposite parties.

Ex.A45- 26.5.2015         -  Copy of mail sent to opposite parties.

             23.5.2015  -  Copy of mail sent by opposite parties.

Ex.A46- 30.5.2015         -  Copy of possession certificate.

Ex.A47- 2.6.2015  -  Copy of article in Times of India, Chennai Edition.

Ex.A48- 20.6.2015         -  Copy of mail sent to opposite parties regarding non

                                Availability of amenities.

Opposite party’s side document: -   

Ex.B1- 7.11.2014  -   Copy of letter from the opposite party.

Ex.B2-         -       -   Copy of final statement of account on 31.10.2014

Ex.B3- 24.11.2014- Copy of Possession letter.

Ex.B4- 26.11.2014- Copy of joint inspection form.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.