Delhi

StateCommission

CC/732/2016

MR. ASIM HABIB IRFAN - Complainant(s)

Versus

UNITECH LTD. - Opp.Party(s)

MR. AJIT WAGH

05 Dec 2019

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                             Date of Decision:05.12.2019

Complaint Case No. 732/2016

In the matter of:

Mr. Asim Habib Irfan

S/o Habib Osman

H No. 10-3-314/1,

Near NMDC BLDG

Masab Tank,

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Versus

 

Unitech Limited through its

Regd Office : 6, Community Centre, Saket

New Delhi-110017, India

 

                                                                  

CORAM

 

Ms. Salma Noor, Presiding Member

 

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

2.       To be referred to the reporter or not?                                                

 

 

Ms. Salma Noor: Presiding Member

 

 

1. This is a complaint under Section 17 of the Consumer Protection Act, 1986 (in short the ‘Act’) filed by the complainant, who is an engineer by profession.
2.  Briefly facts of the case are that the complainant was approached by the officials of OP who induced him to buy an apartment in residential complex “Uniworld Gardens” situated at Plot No. GHP 0001, Sector 117, Noida, UP. Lured by the assurances, complainant vide application form dated 05.01.2010 paid an amount of Rs.3,12,905/- as booking amount to the OP. OP issued an allotment letter dated 05.01.2010 informing allotment of Apartment bearing No. 1004, on Floor No. 10 in Tower B2 measuring super area of 93.92 sq. mtr. in “Uniworld Gardens” complex.  By way of detailed terms and conditions of provisional allotment dated 20.04.2010, OP had agreed for allotment of the said flat for the consideration of Rs.32,76,719/- and admitted the receipt of Rs. 3,12,905/- . The balance payment of consideration was to be paid by the complainant in accordance with the payment plan opted by him. It is stated that OP vide its letter dated 02.09.2013 raised a demand of Rs.2,27,638.05/- on account of casting of 09^th Floor Roof which was made vide DD No. 408959 dated 12.09.2013. It is stated that the possession of the flat was supposed to be delivered by the OP within 36 months from 05.01.2010, subject to force majeure circumstances as such the possession of the said apartment was supposed to be delivered by 05.01.2013 as no Force Majeure circumstances occurred. It is stated that more than 76 months from the date of allotment have been passed and more than 40 months from due date for delivery of possession has passed, neither the construction is completed nor offer of possession is given. It is stated that after demand letter dated 02.09.2013, OP has not issued any demand letter which confirms that construction activity at the project has practically come to a stand-still. It is stated that complainant has paid to the OP a total amount of Rs.24,38,991/- in terms of the demands raised by the OP. It is stated that on 30.06.2016, complainant send a legal notice to the OP, however, the OP did not comply with the demands of the complainant nor sent any reply to the said notice. It is stated that complainant has suffered huge financial losses as he was required to stay in a rented accommodation and pay a quarter yearly rent of Rs.1,05,000/-. It is stated that complainant had to obtain a loan from HDFC bank and is paying EMI for the said loan of Rs.37,39,407/-.
3. Alleging deficiency in service, complainant has filed the present complaint seeking direction to the OP to refund an amount of Rs.24,38,991/- along with interest @18% p.a. and an amount of Rs.12,00,000/- towards expenses incurred for payment of house rent and brokerage and Rs.5,52,499/- towards interest on loan and Rs.9,00,000/- as compensation.
4. On notice counsel for OP appeared and filed memo of appearance. However, no written statement was filed by the OP and subsequently vide order dated 09.11.2017, the right of the OP to file written statement was closed. The said order has not been challenged by the OP.
5. Complainant has filed his own affidavit wherein averments made in the complaint case are reiterated on oath. Complainant has proved on record the copy of the application form dated 02.01.2010, Ex. C-1; copy of the receipt issued dated 05.01.2010 for an amount  of Rs.3,12,905/-, Ex. C-2; copy of allotment letter dated 05.01.2010, Ex. C-3; copy of the detailed terms and conditions of provisional allotment of an apartment, Ex. C-4; copy of demand letter dated 02.09.2013, Ex. C-5; copy of receipt dated 25.09.2013, Ex. C-6;  copy of cheques, demand drafts, receipts and demand letters, Ex. C-7(Colly); copy of legal notice dated 30.06.2016, Ex. C-8; copy of receipt of speed post dated 30.05.2016 showing the same to be delivered to the OP on 31.05.2016, Ex. C-9(Colly); copy of Amortisation Schedule of loan account No. 589701591 dated 09.07.2016, Ex. C-10.
6. I have heard arguments of the parties and perused the material on record.
7. It is admitted position that till date no offer of possession has been given by the OP to the complainant. From the un-rebutted evidence of the complainant, deficiency in service on the part of OP stands proved. The allottee is not expected to wait for possession of the flat for an indefinite period. I, therefore, allow this complaint and direct the OP to refund an amount of Rs. 24,38,991/- along with interest @10% p.a. from the date of each deposit till realization. There is no separate order for compensation as the interest has been awarded in the form of compensation.
8. A copy of this order be sent to the parties free of cost as per statutory requirements. Thereafter file be consigned to Record Room.                

 

 

 

(Salma Noor)

Presiding Member