Developer told to pay ₹92.77 lakh compensation to woman for failing to deliver residential plot on time

Developer was supposed to deliver plot by April 2011

The National Consumer Disputes Redressal Commission has directed Unitech to compensate a complainant by paying over ₹92.77 lakh after it was alleged that the developer failed to deliver possession of a residential plot in Noida within the stipulated time.

The direction came when the apex consumer disputes redressal forum was hearing a complainant moved by a Mumbai resident who alleged that despite paying over ₹2.07 crore as the booking amount for the plot, the developer had failed to deliver possession of the same.

The developer is yet to pay ₹92.52 lakh to the complainant, as it has refunded her remaining amount.

Directing compensation, the consumer panel observed, “The documents filed by the complainant prove the allotment made to her as well as the payment which she made [to the developer]. Since the possession of the allotted plot has not even been offered to her, she cannot be compelled to wait indefinitely for the possession of the plot and is entitled to seek refund of the amount paid by her.”

Complainant Anita Kaul Basu had alleged that she had booked a plot in a project that Unitech was to develop in Noida.

“As per the terms and conditions of allotment, the possession was expected to be delivered within eighteen months, meaning that the possession ought to have been offered to the complainant on or before April 2011,” the Bench observed while noting the allegations made in the complaint.

While moving the consumer forum, the complainant sought compensation in the form of interest and cited relevant clauses from the agreement that said, “If for any reason the developer is not in a position to offer the apartment [plot] altogether, the developer shall offer the allottee(s) an alternative property or refund the amount in full with simple interest of 10% per annum...”

The complainant had also alleged that the developers, despite the delay, had failed to provide an alternative plot to her.

Besides directing Unitech to refund over ₹92.52 lakh, which was pending, the consumer panel asked the developer to pay ₹25,000 as compensation towards cost of litigation.

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Printable version | Jul 4, 2020 12:30:48 PM |

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