The National Consumer Disputes Redressal Commission (NCDRC) has directed Unitech Ltd to compensate a plot buyer by paying over ₹1.13 crore after the developer failed to deliver possession of the plot within the stipulated time.
The complainants had alleged that despite paying a booking amount of over ₹1.13 crore for a residential villa, which Unitech was supposed to develop in Gurguram, the possession had not been handed over.
The consumer panel noted that according to the agreement dated April 2011, “possession ought to have been delivered by April 2013,” that was within 24 months of the agreement.
“The grievance of the complainants is that the possession has not even been offered and the construction is not complete till date despite payment of ₹1,13,92,615 [to Unitech]. The complainants are, therefore, before this commission seeking possession of the villa along with compensation,” the consumer panel observed.
Further, the apex consumer disputes redressal forum observed, “The documents filed by the complainants prove the allotment as well as the payment made. [Unitech] having not offered possession of the villa within two years of the agreement, and even thereafter, the complainants are entitled to either possession of the said villa or to refund the amount paid for the purchase of the said villa.”
‘Not close to completion’
Noting that the project was “nowhere close to completion,” the consumer panel said, “Though the said prayer was only for possession of the flat, it will not come in the way of granting refund of the amount paid... considering that [Unitech] did not offer possession of the allotted villa to the complainant even during pendency of the complainant, which came to be instituted more than two years ago.”
The NCDRC further directed the developer to pay an additional sum of ₹25,000 to the complainants as compensation.
“[Unitech] shall refund the entire principal amount to the complainants along with compensation in the form of simple interest at 10% per annum from the date of each payment till the date of refund of the full amount with compensation,” the consumer forum added.
