Unitech, sister concerns told to refund money, pay compensation to homebuyer


TNRERA gives companies 30 days to make the payment to complainants

The Tamil Nadu Real Estate Regulatory Authority (TNRERA), Chennai, has directed Unitech and its sister concerns to pay a compensation of ₹1 lakh and refund about ₹28.23 lakh, along with interest, to a homebuyer for non-delivery of flat.

In their complaint, T.C. Ravindran and Suresh Ravindran said by transfer of fund from sister concern of Unitech Ltd, they agreed to buy a flat in the project, ‘Unihomes’, at Nallambakkam in the Chengalpattu taluk.

Time limit expired

On March 30, 2015, the buyer entered into an agreement with Unitech, which undertook to hand over the flat within 36 months from the date of the agreement with a grace period of six months, the complaint said.

The complainants said they paid a total of ₹33.93 lakh and the time limit for delivery of flat expired on September 30, 2018. Hence, they sought a refund and compensation.

They named Unitech Ltd, Unitech Builders and Projects Ltd, Unitech Build-Tech Ltd, Boomfield Developers Pvt. Ltd., Sankoo Builders Pvt. Ltd. and Unitech Golf Resorts Ltd as respondents.

In its response, the companies said the total sales consideration of the flat was ₹32.67 lakh and the complainants paid ₹28.23 lakh.

Lull in bookings

The companies said due to various reasons there was a lull in bookings of flats and they were in the process of completing the project.

Unitech said the Supreme Court was seized of all matters relating to its various projects, including the petition projects, and that judicial and quasi-judicial authorities ought to seek leave of the apex court before proceeding further and sought dismissal of the compliant.

However, TNRERA noted that adjudicating the claims of the compensation did not involve passing of any coercive order for execution against Unitech, as per directives of the Supreme Court. It said no documents were filed by the buyers to prove that the additional amount was paid by them to Unitech.

Therefore, it held that they are entitled for refund of ₹28.23 lakh, along with the interest of 10.15% per annum, from the date of payment till refund.

It also fixed the litigation cost at ₹25,000.

The TNRERA said the respondents either jointly or severally shall pay the amounts to the buyers, within 30 days from its order, dated December 24, 2019.

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Printable version | Jan 19, 2020 5:28:32 AM |

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