The National Consumer Disputes Redressal Commission (NCDRC), on October 24, directed Unitech Reliable Projects Private Limited to compensate a flat buyer by paying a sum of ₹50 lakh, after it failed to deliver the possession of the flat within the stipulated time.
The complainant Manish Sharma, had alleged that he had booked a flat, in a housing project which was being developed by Unitech in Greater Noida.
It was alleged that despite the complainant having paid more than ₹50 lakh, the real estate developers had failed to deliver the possession of the flat even after the lapse of close to four years.
“The complainants have filed the instant complaint seeking possession of the subject flat with an 18% interest on the payment made for the delayed period or in alternative, the refund of the amount paid to the opposite party with an 18% interest thereon” read the order.
Claim contested
However, the developers contested the claim stating that there had been no deficiency in services, as the project was incomplete because of unforeseen circumstances like disruption caused due to agitation by farmers whose lands had been acquired, acute shortage of labour and an order from the National Green Tribunal which restrained builders in Noida and Greater Noida from utilising groundwater.
Plea rejected
However, the forum rejected the plea stating that the developers had failed to provide ‘cogent evidence to prove the said circumstances’.
Holding the developers guilty of deficiency in services, the NCDRC said, “It is evident from the allotment letter of 2010 that the opposite party was required to deliver the possession of the subject flat within 36 months, which would be by the end of November 2013. Undisputedly, the opposite party has failed to fulfil its promise till although the complainant had paid almost 90% of the consideration amount.”
“The opposite party cannot take advantage of its own wrong and utilise the money received by them by unfair trade practice for inordinate period” added the commission.
Directing the developers to refund the entire amount at an interest of 10%, an additional compensation of ₹10,000 has been awarded to the complainant as litigation costs.
