Balraj Sharma & 33 Ors vs Unitech Limited & 2 Ors

V.K. Jain, Presiding Member

The Complainants are allottees of residential flats in a project namely, "Uniworld", which the Opposite Party Unitech Limited was to develop in sector 117 of NOIDA. The case of the complainants is that in terms of clause 5 (A)(i) of the allotment letters issued to them the possession was to be delivered to the allottees within 36 months of the allotment. This is also their submission that the allotment letters contained identical provision for the delivery of possession. The allotments to the complainants were made on different dates in the year 2009 and 2010 except in case of one allottee to whom allotment was made in the year 2011. The case of the complainants is that the possession has not been offered to them despite they having made substantial payment to the Opposite Party. The complaint has been instituted under section 12(1)(c) of the Consumer Protection Act on behalf of and for the benefit of all such allottees of the above-referred project who have a common grievance against the opposite party and want delivery of possession of the allotted flats alongwith compensation etc.

On requisite permission in terms of section 12(1)(c) having been granted to the complainants vide order dated 10.08.2017 a public notice in two newspapers, i.e., Times of India and Dainik Jagran was published. Thereafter some allottees came forward seeking impleament in this complaint and were impleaded accordingly vide order dated 03.11.2017.

The Opposite Party has not filed written statement and its right to file written statement already stands closed.

I have heard the learned counsel for the parties and have considered the affidavit filed by the complainants. The affidavits and documents filed by the complainants prove the allotment made to them as also the payment which they have made to the Opposite Party. Since the possession of the allotted flats has not been offered to them and the construction is stated to be incomplete even till date, they are entitled to seek direction for possession of the allotted flats to them alongwith appropriate compensation.

For the reasons stated hereinabove, the complaint is disposed of with the following directions:-

i. These directions shall apply to all such allottees of residential flats in the project namely, Uniworld which the Opposite Party was to develop in sector 117, NOIDA, who want possession of the flats allotted to them with compensation and in whose case the last date for delivery of possession of the allotted flats has already expired.

ii. The Opposite Party, namely, Unitech Limited shall complete construction of the flats allotted to the flat buyers referred in direction (i) above, in all respects, within 9 months from today.

iii. After completing the construction in all respects within 9 months from today, the Opposite Party shall obtain requisite occupancy certificate in respect of such flats within 12 months from today and intimate all such allottees accordingly.

iv. The possession of the allotted flats shall be delivered to such allottees within two months of obtaining the occupancy certificate in terms of this order.

v. The Opposite Party shall pay compensation in the form of simple rate of interest @8% p.a. from the date committed for delivery of possession to them till the date on which the possession in terms of this order is offered. The compensation shall be paid/adjusted at the time of offering possession in terms of this order.

vi. The balance amount, if any, payable by such allottees towards the price of the flat shall be adjusted out of the compensation payable to them in terms of this order and if any amount still remains payable by them to the Opposite Party after such adjustment the same shall be paid within 4 weeks of the Opposite Party demanding the same after completing the construction in all respects and obtaining the requisite occupancy certificate.

vii. The Opposite Party shall pay sum of Rs.50,000/- as cost of litigation to the complainants. The Opposite Party shall also bear expenses of the publication of the notice in the newspapers.