Haryana

StateCommission

CC/412/2017

RAHUL AGGARWAL - Complainant(s)

Versus

UNITECH REALITY - Opp.Party(s)

N.P.SHARMA

29 Aug 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                       

                             Consumer Complaint No.     412 of 2017

                                      Date of Institution                  05.07.2017

                                       Date of Decision                             29.08.2018

 

 

 

 

 

 

 

 

Rahul Aggarwal son of Shri DB Aggarwal, aged about 36 years, resident of E-4/16, Krishna Nagar, New Delhi-110051.

                                      Complainant

Versus

 

1.      Unitech Reality Private Limited, (Earlier known as Rhino Holdings Private Limited) through its Managing Director, Unitech House, Block L, South City-I, Gurugram-122007, Hayana.

 

2.      Unitech Limited through its Managing Director, Shri Ajay Chandra, Unitech House, Block L, South City-I, Gurugram-122007, Haryana.

Opposite Parties

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                  

                                                                                                               

 

For the parties:   Shri N.P. Sharma, counsel for the complainant.

                             Ms. Vertika H Singh, Advocate for the opposite parties.

 

                                                   O R D E R

 

NAWAB SINGH, J. (ORAL)

 

          The present complaint under Section 17 of the Consumer Protection Act, 1986 (for short, ‘Consumer Act’) has been filed by Rahul Aggarwal-complainant averring that initially on April 20^th, 2009, Arun Kumar and Seema Biva booked a flat with Unitech Realty Private Limited-opposite parties (for short ‘Developer’). Flat No.0904, Floor-9, Tower A4, Uniworld Gardens-II, Sector 47, Gurgaon was allotted to them. The price of the flat was Rs.30,31,282/-. Flat Buyers Agreement dated June 05^th, 2009 was executed between them and the Developer. Thereafter, the complainant purchased the said flat from Tarun Kumar and Seema Biva and the said flat was transferred in his name vide letter dated January 05^th, 2010. As per Clause 4.a (i) of the Buyers Agreement, the Developer proposes to offer the possession of the flat within a period of 30 months from the date of execution of the agreement, that is, on or before December 05^th, 2011. In all, the complainant paid Rs.29,09,356/- to the Developer. The Developer did not offer possession of the flat to the complainant. The complainant prayed that the Developer be directed to offer the possession of the flat and to pay interest at the rate of 18% per annum with effect from December 05^th, 2011 till delivery of the possession.

2.      The opposite parties, in their written version, resisted the complaint on various grounds, including its maintainability. The developer in preliminary objections averred that this Commission does not have the territorial and pecuniary jurisdiction to try/adjudicate the complaint. The complainant purchased the said flat in resale. The complainant is defaulter in making the payment.  The complainant is investor. He does not fall under the definition of ‘consumer’. The overall recession and financial problems, which were not foreseen, contributed to the delay in the completion of the project.  

3.      The complainant Rahul Aggarwal in his evidence appeared as CW1 and produced following the documents:-

1.	Brochure	Exhibit C-1
2.	Buyer’s agreement	Exhibit C-2
3.	Receipt dated 05.01.2010 of Rs.48,650/-	Exhibit C-3
4.	Letter dated 05.01.2010 regarding transfer of allotment of flat	Exhibit C-4
5.	Receipt dated 27.05.2010 of Rs.284128/-	Exhibit C-5
6.	Receipt dated 20.07.2010 of Rs.284128/-	Exhibit C-6
7.	Receipt dated 28.09.2010 of Rs.308096/-	Exhibit C-7
8.	Receipt dated 01.10.2010 of Rs.20000/-	Exhibit C-8
9.	Receipt dated 20.11.2010 of Rs.213096/-	Exhibit C-9
10.	Receipt dated 31.12.2010 of Rs.247252/-	Exhibit C-10
11.	Receipt dated 13.12.2011 of Rs.142064/-	Exhibit C-11
12.	Receipt dated 13.12.2011 of Rs.3658/-	Exhibit C-12
13.	Receipt dated 29.03.2013 of Rs.142064/-	Exhibit C-13
14.	Receipt dated 30.03.2013 of Rs.4390/-	Exhibit C-14
15.	Receipt dated 14.12.2016 of Rs.50000/-	Exhibit C-15
16.	Receipt dated 10.05.2017 of Rs.50000/-	Exhibit C-16
17.	Letter dated 24.03.2015 regarding intimation with regard to delay in offer of possession	Exhibit C-17
18.	Letter dated 27.07.2016 requesting payment of amount as advanced	Exhibit C-18
19.	Statement of account dated 01.04.2017	Exhibit C-19
20.	Construction update-April 2017 of developer	Exhibit C-20

 

4.      The developer, examined Lalit Gupta-OPW1, Authorized Representative and produced resolution dated June 19^th, 2015 Exhibit OP-1.

5.      Indisputably, the flat was booked on April 20^th, 2009. Buyer’s Agreement (Exhibit C-2) was executed on June 05^th, 2009. Flat No.0904, Floor 09^th, Tower A4, Uniworld Gardens-II, Sector 47, Gurgaon was allotted. The complainant paid Rs.29,09,356/- to the developer.  As per clause 4.a(i) of the agreement, the possession of the flat – apartment was to be given within thirty months of signing the agreement, that is, by December 05^th, 2011 but the developer failed to do so and it was certainly a case of deficiency in service.  Except for a bald plea in the written version that the apartment had been purchased by the complainant with a view to sell it on premium and make profits, Developer has not said even an additional word in this behalf, leave alone leading evidence to prove the assertion.  Lalit Gupta-OPW1 in his cross-examination has admitted that there is no documentary evidence to prove that the flat was purchased for commercial purpose. Neither the possession was offered to the complainant nor any interest on the said amount was paid to him. The developer is still not in a position to handover the possession of the flat to the complainant. The main reliefs sought by the complainant are that the developer be directed to handover the possession of the flat to him and to pay interest at the rate of 18% per annum on the deposited amount. 

6.      For the reasons recorded supra, the complaint is allowed. The opposite parties are directed to handover physical possession of the flat in question complete in all respect within a period of three months from the date of receipt of this order and before taking over the possession of the flat, the complainant shall pay the entire outstanding dues to the developer.  The developer is also directed to pay interest at the rate of 12% per annum on the deposited amount of Rs.29,09,356/- from the date of its respective deposits till handing over of the physical possession of the flat to the complainant.   

 

 

Announced 29.08.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President