SATISH KUMAR DUTTA & ANR. vs M/S. UNITECH LIMITED & ANR.

The complainants, who are husband and wife and both of whom are senior citizens booked a residential flat with the opposite party in a project, namely, ''Harmony'' which the said OPs are developing in Sector 50 of Gurgaon. An allotment letter dated 1.1.2007 was issued to them by OP No.1 Unitech Ltd. allotting unit No.102 in Tower-7 in the above-referred project for a total consideration of Rs.11564514/-. The complainant thereafter entered into a buyers agreement with both the OPs on 15.1.2007 which incorporated their respective obligations in respect of the above-referred booking. As per 4.a of the agreement, the possession was to be delivered to the complainants by 30.9.2009 subject to of course force majure circumstances. The complainants having already paid more than Rs.90% of the agreed sale consideration and the possession having not been offered to them, they are before this Commission seeking the following prayers:- "(b) Issue the summons/notices to the opposite parties to appear, produce and file all original papers/documents concerning in the Unitech Group Housing Project namely "Harmony" Sector 50, Nirvana Country, Gurgaon, measuring area 1762-3309 Sq.ft., total area 10.57 acres, 2-4 bedroom apartments of international standard with fitted modular kitchens and air conditioning in every room are placed within a setting of pristine natural beauty for the perusal of this Hon''ble National Commission;

(c) hold opposite parties guilty of deficiency in services; unfair trade practices and restrictive trade practice;

(d) issue direction/s, order/s to opposite parties to hand over the peaceful and actual physical possession of allotted apartment/flat No.102, 1 st Floor, Tower/Block No.7 (Area 2699 Sq.ft.), along with the interest @ 12% per annum in the Unitech Group Housing Project namely "Harmony" Sector 50, Nirvana Country, Gurgaon, measuring area 3329 Sq.ft. of international standard with fitted modular kitchens and air conditioning in every room are placed within a setting of pristine natural beauty, booked, allotted and finally purchased by complainants completed in all respects in habitable conditions, immediately and to obviate any further delay; or direct the opposite parties to refund the principal amount with 18% interest from the date of deposit of payment till the date of delivery of possession of the said flat.

(e) direct opposite parties to pay damages as per their own commitments and obligations while signing application form and entering agreement @ Rs.5 per sq.ft. per month plus 24% interested compounded quarterly till the date of actual physical possession to complainants;

(f) direct opposite parties to pay the amount of rent paid by the complainants since 2008 which is Rs.1,93,73,922/- approx.

(g) direct opposite parties to compensate Rs.50,000/- per month for the delay in giving physical possession of the said flat till the actual date of possession to complainants;

(h) direct opposite parties to pay a sum of Rs.20,00,000/- (Rupees twenty lacs) towards mental harassments and agony caused to complainants;

(i) direct opposite parties to pay the cost of litigation amounting to Rs.1,00,000/- (Rs. one lac) to complainants;

(j) direct opposite parties to refund amount charged in respect of car parking''s to each of the complainants, the amount having been illegally and wrongfully charged by the opposite parties from the complainants;

(k) direct opposite parties to prepare the sale deed which covers the interest of both parties and share the registration of sale deed with the complainants along with layout plan of the flat before signing of the sale deed;

(l) issue directions to the opposite parties restraining them from creating any third party right/interests in any manner whatsoever in respect of the allotted apartment/flat of the complainants in pendency of this complaint

(m) issue directions to opposite parties restraining them from taking any coercive steps/action against the complainants which may affect the rights/title/interests of complainants in any manner whatsoever in respect of the said apartment/flat of the complainants in pendency of this complaint; and/or"

The complaint has been resisted by the OPs on the grounds which this Commission has repeatedly rejected in a large number of complaints, including C.C. No.1225 of 2015 ? Anand K. Srivastava Vs. M/s Unitech Ltd. & Anr. decided on 3.11.2016, C.C. No.143 of 2015 ? Amit Garg & Anr. Vs. M/s Unitech Ltd. & Anr. decided on 21.6.2016. It is alleged in the written version filed by the OPs that in the event of delay, the complainants are entitled only to the agreed compensation of Rs.5/- per sq.ft. of the super area per month.

The learned counsel for the OPs states on instructions that they have already applied for the grant of occupancy certificate in the year 2016 and they have also applied for grant of NOC from Fire Department which they have to submit for the purpose of issuance of the occupancy certificate. She further states that though she is unable to commit a particular time-limit for offering possession of the flat to the complainant, they would offer its possession as soon as the fire NOC and the occupancy certificate are issued.

As far as the compensation for the delay in delivering possession is concerned, considering the decision of this Commission in Anand K. Srivastava (supra), I hold it that the complainants are entitled to compensation in the form of simple interest @ 9% p.a. from the committed date of possession as per the buyers agreement till the date on which the possession is actually offered to them. The aforesaid quantum of compensation is acceptable to the complainants.

For the reasons stated hereinabove, the complaint is disposed of with the following directions:- (i) The opposite parties shall offer possession of the flat in question to the complainants after obtaining all the requisite approvals, including the Fire NOC and Occupancy Certificate and completing its construction in all respects, within six months from today.

(ii) The OPs shall pay compensation in the form of simple interest to the complainants @ 9% p.a. w.e.f. 1.10.2009 till the date on which the possession in terms of this order is actually offered to them.

(iii) The compensation in terms of this order shall be paid within six months from today unless the possession is offered in terms of this order at an earlier date in which case it shall be paid while offering possession.

(iv) The OPs shall pay a sum of Rs.10,000/- as the cost of litigation to the complainants.