Delhi

StateCommission

CC/3/2017

NAVNEET GARG - Complainant(s)

Versus

UNITECH LTD. & ANR. - Opp.Party(s)

SHARAD SHARMA

07 May 2019

ORDER

IN THE STATE COMMISSION : DELHI

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

Date of Arguments : 07.05.2019

Date of Decision : 20.05.2019

COMPLAINT NO.03/2017

In the matter of:

 

                              

Shri Navneet Garg,

S/o. Shri C.P. Garg,

R/o. A-65, Ayudh Vihar,

MRV Model School,

Sector-13, Plot No.3,

Dwarka, New delhi-110075......Complainant

 

Versus

 

1. Unitech Ltd.,

Through Chairman,

Regd. Office

6 Community Centre,

Saket, New Delhi-110017.

 

2. Managing Director,

Unitech Ltd.,

6 Community Centre,

Saket, New Delhi-110017.

 

3. Director,

Unitech Ltd.,

6 Community Centre,

Saket, New Delhi-110017.

 

4. Sales Head,

Unitech Ltd.,

Unitech House, L-Block,

South City-I,

•  

 

5. Regional Office & Sales Office,

Unitech Ltd.,

UGCC Pavillion,

Sector-96, Expressway,

•  

 

6. Unitech Ltd.,

Real Estate Division (Marketing),

P-7, Sector-18,

Noida-201301 (UP).…..Opposite Parties

 

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 case of the complainant is that in the year 2009 he applied for allotment of the flat in the project “Unihomes Ph-II” at plot no.GHP0001, Sector-117, Noida for the price of Rs.32,23,200/- which included basic price, PLC, lease rent and car parking charges. He paid Rs.3 lakhs as booking amount by cheque. On 09.07.09 OP issued a provisional allotment letter in respect of apartment no.0005 on Floor No.00 in Tower E-1 admeasuring 990 sq. ft. His customer code number is UT0001. The developer was to deliver possession within  24 months from date of registration/ application. Clause 23  provided that if company failed to deliver possession within 24 months, it would pay  Rs.5 per sq. ft. per month as compensation. Clause 12 provided that if allottee failed to pay instalments on time, he would be liable to pay interest @18% per annum compounded quarterly. The OP should compensate at the same rate. Clause 18 provided that if company failed to allot flat, it would  refund the amount with simple interest @10% per annum. OP is not only deficient in services but his act also unfair trade practice. The total principal amount paid is Rs.26,69,847/-. Hence this complaint for refund of the principal amount with interest @18% per annum, Rs.1 lakh as compensation for mental agony /harassment of Rs.1 lakhs a cost of litigation.
2. OP-1 was summoned for 17.07.17. It was served by RAD for 09.01.18 but did not put in appearance. Hence case has been proceed exparte.
3. In his exparte evidence the complainant has filed his own affidavit. The complainant has reiterated the averments made by him in the complaint.
4. I have gone through the material on record and heard the arguments. In view of the uncontroverted case there is no reason to disbelieve the complainant. More over his case is supported by documents copies of which are Annexure A-1 to A-3 at pages 10 to 21.
5. In view of clause no.18 of the agreement, OP-1 is directed to refund Rs.26,69,847/- with interest @10% per annum from the date of respective payment till the date of refund. Order be complied within 45 days from receipt of copy of this order.
6. Copy of the order be sent to both the parties free of cost.
7. File be consigned to record room.

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)