Delhi

StateCommission

CC/1266/2015

RAJEEV TYAGI - Complainant(s)

Versus

UNITECH LTD. - Opp.Party(s)

ASHWANI KR. DUBEY

07 Mar 2019

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Arguments : 07.03.2019

Date of Decision : 14.03.2019

COMPLAINT NO.1266/2015

In the matter of:

 

Rajeev Tyagi,

S/o. Shri K.k. Tyagi,

R/o. Flat No.C-402,

Sadbhavna Apartment,

Sector-22, Plot No.8,

Dwarka, New Delhi-110075.                                                         ………Complainant

 

Versus

 

Unitech Limited,

(Through its Managing Director/ Director/CEO),

Registered Office : 6 Community Centre,

Saket, new Delhi-110017.

 

Also at:

 

Unitech Limited,

(Through its Managing Director/ Director/CEO),

UGCC pavilion, Sector-96,

Expressway, Noida-201305,

Uttar Pradesh.……Opposite Party

 

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The complaint is based on the allegations that in February and March, 2012 OP published advertisement about up coming project named “Unihomes Phase-II” in sector-117, Noida, UP. The complainant was assured that project would be completed on or before 30.03.15. On 28.03.12 he paid Rs.4,47,340/- by cheque for booking a three bad room flat in the aforesaid project. He was allotted flat with super area of 119.84 sq. mtrs. He made payments of further instalment amounting to Rs.4,72,754/- by cheque. He paid yet another instalments of Rs.4,61,196/- through two cheques. On 29.06.13 further sum of Rs.5,12,965/- was paid by two cheque. A total um of Rs.18,94,255/- was paid neither the construction has been started nor possession has been hand over. Complainant sent notice dated 28.10.15. He is forced to live rented accommodation and pay Rs.25,000/- per month as rent. Hence this complaint for refund of Rs.18,94,255/-, compensation of Rs.10 lakhs, house rent of Rs.3 lakhs and litigation  expenses of Rs.1 lakh.
2. The OP was served for 17.05.16, put In appearance through its AR Shri Andhu Adarsh who file a authority letter. Copy of complaint was supplied to him and WS was directed to be filed within 30 days. OP failed to do so and its right to file WS was closed on 22.11.16.
3. In his evidence by affidavit, the complainant filed his own affidavit. I have gone through the material on record and heard the arguments. There is no reason to disbelieve the sworn testimony  complainant, particularly when the  same is based on documentary evidence. However the complainant can not claim interest as well as rent and simultaneously compensation also. All the three are resembling to one another.
4. The complaint is allowed. OP is directed to refund Rs.18,94,225/- alongwith interest @10% per annum from the date of respective payments till the date of refund. OP to comply with the order within 45 days from the date of receive of copy of this order.  
5. Copy of the order be sent to both the parties free of cost.
6. File be consigned to record room.

 

 

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)