CORAM

N P Kaushik, Member (Judicial)

S C Jain, Member

1.     Whether reporters of local newspaper be allowed to see the judgment? Yes

2.      To be referred to the reporter or not? Yes

N P Kaushik, Member (Judicial)

Judgment

1.     Facts of the case are not in dispute. Complainant admittedly filed an application with Unitech Residential Resorts Ltd. (in short the OP) on 14.02.2006 for the allotment of the plot in Sector 33/48 Gurgaon, (Haryana) in one of the projects of the OP called Uniworld Resorts. OP issued a letter of allotment dt. 08.03.2006. Vide its letter dt. 04.11.2008 OP allotted a plot bearing No. 31 in Block-B of its project admeasuring 502.30 Sq. Yards. Upon a request made by the complainant, OP vide its letter dt. 17.06.2009 allotted plot bearing No. 03 in Block-D of its project. It may be mentioned here that the controversy relating to the number of plot is not relevant.
2.     Admittedly, an amount of Rs. 15 Lac was paid by the complainant to the OP on 14.02.2006. It is also admitted that by 02.03.2007 the complainant had paid to the OP in all an amount of Rs. 74,01,100/-. The total sale consideration of the plot was Rs. 82,88,280/-. As per Plot Buyer’s Agreement dt. 27.03.2010 entered into between the parties, physical possession of the plot in question was to be handed over to the complainant within a period of eighteen months from the date of execution of the agreement. In other words, the plot was to be handed over on or before 27.09.2011. Complainant made several visits to the site. Finding no progress at the site, he sent legal notice dt. 20.02.2009 to the OP. The same remains un-replied. Finally the complainant filed the present complaint in this Commission on 01.12.2010. Parties filed their respective pleadings. Written arguments filed by the parties are also on record. Arguments have been addressed by the complainant and the counsel for the OP Sh. Vineet Malik, Advocate. In its written arguments OP has admitted the averments made by the complainant in his complaint. The sole defence raised by the OP is that the complainant is not a ‘consumer’ as per provisions of the Consumer Protection Act 1986. He has purchased the plot in question only for the purpose of investment. He is interested in selling the same in the market on higher price. Next contention of the OP is that the complainant wants to wriggle out of the transaction due to the economic meltdown in real estate.
3.     A careful perusal of the evidence filed by the OP shows that the OP has not placed any material on record in support of his contention that the complainant is an investor and not a ‘consumer’. Similarly, the contention that the complainant wants to wriggle out of the transaction is again devoid of merits as the same remains unsubstantiated. Complainant had been corresponding with the OP for the allotment of the plot. Even vide his legal notice dt. 20.02.2009, he called upon the OP to allot him the plot.
4.     Complainant has placed on record the photographs of the site in question showing that hardly any development had taken place there. The land meant for golf course still shows a vide drain flowing there. It is not the case of the OP that he is in a position to handover the physical possession of the plot to the complainant even today. There is no sign of allotment of the plot to the complainant in near future. Complainant has paid 85% of the total price consideration. This is a clear case of ‘unfair trade practice’. The complainant got himself registered for allotment of the plot in the year 2006. Prices of the real estate have been sky rocketed thereafter. Costs of construction too have gone high. Dream of the complainant of having his own house has been shattered. We, therefore, direct the OP to pay to the complainant as under:-

1. to refund to the complainant an amount of Rs. 74,01,100/- along with interest @ 18% p.a. from the date of deposit till the date of its realisation.
2. to pay to the complainant compensation to the tune of Rs. 5 Lac for harassment, mental agony, inconvenience, anguish and frustration.
3. to pay to the complainant litigation charges to the tune of Rs. 2 Lac.

The abovesaid payment shall be made by the OP to the complainant within a period of thirty days from today failing which the OP shall be liable to pay an interest @ 24% p.a. on the amount accruing after the expiry of the period of thirty days.

5.     Complaint is accordingly disposed of.
6.     Copy of the order be made available to the parties free of costs as per rule and thereafter the file be consigned to Records.