The National Consumer Disputes Redressal Commission (NCDRC) has directed Unitech Limited to compensate a flat buyer by paying a sum amounting to over ₹45 lakh.
Holding the builder guilty of deficiency in services, the apex consumer forum on June 4 said, “The opposite party [Unitech] has not shown any cogent circumstances or reason which prevented it to deliver possession within the stipulated period. The Builder Buyer Agreement, which provides that if the opposite party is not in a position to offer possession to the allottee, they shall refund the consideration amount.”
Noting that Unitech failed to deliver the flat by 2008, despite the flat buyer paying the amount, the NCDRC said, “The opposite party is liable to refund the money received from the complainant with 10% per annum interest, with effect from dates of respective payments of instalments.”
Complainant Sameer Dewan had alleged that despite being assured that possession of the flat booked by him in Greater Noida, would be delivered by November 2008, the developers had failed to do so.
Developers’ contention
The developers, however, had contended that construction could not be completed “for reasons not within their control”.
“It is submitted that the Noida Authority had acquired the land from farmers of the village and allotted it for development of the project. The farmers went on strikes and agitation for increase of compensation and demanding developed plots in lieu of the acquired land in various villages comprised in sectors of Noida and Greater Noida” read Unitech’s contentions in the order.
They, further, contended that the “sudden outrage of agitation was completely unforeseen”.
The forum observed, “[Unitech] till date has not offered possession of the subject apartment and has also not refused to deliver possession. Thus, this is a clear case of continuing cause of action. The opposite party shall refund the entire amount within six weeks.”
