GURDEV SINGH SIDHU & ANR. vs M/S. UNITECH LIMITED

Heard both the sides at length. The brief facts set out in the Complaint are that the Complainant applied for a plot in the said project vide application dated 24.05.2011 for plot no. B-0032 in ''Aspen Greens'' having a super area of 420 Sq. Mtrs. and paid an amount of Rs.9,79,273/-. A Buyers Agreement was executed on 19.07.2011 fixing the total consideration of the said plot at Rs.1,16,38,503/-. It was averred that as per clause 4.a of the Buyers Agreement, the opposite party agreed and undertook to hand over the possession of the said plot within 18 months from the date of signing of the Buyers Agreement on 19.01.2013. It was averred that the Complainant had paid a sum of Rs.1,07,25,413/- including service tax, EDC/IDC and interest on delayed payments. Only the last installment which was to be paid at the time of final notice of the possession was remaining.

The complainant specifically pleaded that there was no development and none was present at the site to address his queries and the site seemed to be an abandoned piece of land and hence, he sought for refund of the amount which was paid by him.

It was stated that as per Clause 4.c of the Buyers Agreement, it was agreed by the opposite party, that in case of any delay, the opposite party shall pay to the complainant, compensation @ Rs.50 per sq. yard. As per clause 4.e of the same agreement, if for any reason, the developers are not at all in a position to offer possession, as agreed herein, the developers may offer the purchaser(s) an alternative property or refund the amount in full with interest @ 10% per annum without any further liability, to pay damages or any other compensation. The Complainants having lost faith in the opposite party, seeks refund of the entire amount @ 18% per annum together with a sum of Rs.50,000/-, as litigation cost.

It is observed that vide order dated 21.12.2016, the right of the opposite party to file his written version was closed as the statutory period of 45 days after the receipt of notice had lapsed. The Complainant was directed to file his affidavit by way of evidence.

The learned Counsel for the Complainant submits that this Commission in similar matters belonging to the same project in Consumer Complaint nos. 11 of 2015, CC No.208 of 2015, CC No.605 of 2015 and CC No.1476 of 2015, has directed the opposite party to refund the entire amount paid alongwith compensation in the form of simple interest @ 10% per annum from the respective dates till the date of realization. He states on instructions, that as no alternative plot was offered, in order to avoid any further litigation in the matter, they are restricting their claim to refund of the principal amount with 10% per annum as stipulated in clause 4.e of the agreement.

It has been brought to the notice of this Bench that no Appeals have been preferred over the afore-stated batch of Complaints.

In the result, this Complaint is allowed directing the opposite party to refund the entire amount i.e. 1,07,25,413/- with interest @ 10% per annum from the respective dates of deposit till the date of realization together with costs of Rs.10,000/- to be paid to each of the Complainants within three months from the date of the order today.