AI Structured Summary
Not yet generated for this judgment
Judgment
V.K.Jain, J
The complainant before this Commission is stated to be a Recognized Consumer Association in terms of Section 12(1)(b) of the Consumer Protection Act. The complainant was registered under Societies Registration Act on 22.1.2016. The aims and objectives of the complainant as per its amended bye-laws which are stated to have been amended on 2.2.2016 include the following:-
To redress/elevate problems faced by residential persons/flat owners/buyers of "Unitech The Residences, Sector-117 Noida" or other unitech flat owners/buyers.
To help consumers who are flat buyers in the housing project "Unitech The Residences, Sector - 117 Noida" against the earing actions, malafide conduct of builder "M/s Unitech Ltd."
To file and pursue complaints before any/all consumer forums/courts/commissions in relation to any actions of deficiency of service and/or unfair trade practices and/or restrictive trade practices and/or restrictive trade practices on the part of builder "M/s Unitech Limited" for/on behalf of consumers who are buyers of houses in the housing project "Unitech the Residences, Sector-117 Noida" under the provisions of the Consumer Protection Act 1986."
It is evident from a perusal of the above-referred aims and objectives that the complainant fulfils the requirements of a Recognized Consumer Association as laid down by a three-Members Bench of this Commission in Consumer Complaint No.560 of 2014 Moulivakkam Trust Heights Flats Affected Buyers Association Vs. M/s Prime Sristi Housing Pvt. Ltd. & 29 Ors. dated 5.5.2017.
This complaint purports to have been filed on behalf of as many as 35 persons who were allotted residential flats by the opposite party in a project, namely, "the Residencies" which the opposite party was to develop in Sector 117 of Noida in Uttar Pradesh. The buyers on whose behalf this complaint has been instituted, hereinafter referred as the "flat buyers" were to be delivered possession of the flats booked by them on different dates between 17.3.2014 to 20.5.2017. Their grievance is that despite they having paid the substantial amount to the opposite party, there has been no worthwhile construction of the flats allotted to them. The complainant is, therefore, before this Commission seeking refund of the amount paid by the aforesaid 35 flat buyers to the opposite party along with compensation etc.
Following are the particulars of the allotments made to the consumers on whose behalf this complaint is instituted:-
"NAME
APARTMENT DETAIL
COMMITTED DATE OF POSSESSION
TOTAL CONSIDERATION
AMOUNT PAID
SERVICE TAX
RASHMI SRIVASTAV
UNIT NO.0502 TOWER C2 FLOOR 05
18/01/2016
8262867
8285108
284247
SAURABH GUPTA
UNIT NO.1204 TOWER B1 FLOOR 12
18/02/2015
4188160
1936913
56309
NAWAL KISHORE JHA/ Santosh Jha
UNIT NO.1203 TOWER B1 FLOOR 12
3/5/2015
4340759
1644924
48778
GAURAV VISHAL
UNIT NO.0502 TOWER B4 FLOOR 05
12/12/2015
6893622
2943952
PAWANISH KUMAR MODI/ Suniti Modi
UNIT NO.0202 TOWER A2 FLOOR 02
10/07/2014
6258896
2682474
88631
RAJESH KUMAR
UNIT NO.0603 TOWER C1 FLOOR 06
1/10/2015
5896679
2471172
76360
SANJAY AGRAWAL
UNIT NO.1004 TOWER A2 FLOOR 10
1/4/2015
4258160
2172430
67128
AMIT SAKLANI/ Sheela Saklani
UNIT NO.0804 TOWER B2 FLOOR 08
9/3/2015
3713576
3564561
87712
BHARAT BUSHAN KOUL/ Rosy Pandit
UNIT NO.0401 TOWER B2 FLOOR 04
20/03/2015
5844721
2698497
69486
ROHAN VERMA /Meena Dahiya
UNIT NO.0703 TOWER B2 FLOOR 07
16/03/2015
4187960
4000410
10183
PRADEEP KUMAR VERMA/Kanika Verma
UNIT NO.0603 TOWER C2 FLOOR 06
12/01/2016
6735225
2660820
82219
RITESH AGRAWAL
UNIT NO.1203 TOWER A2 FLOOR 12
18/07/2015
4258160
2172430
60517
VINOD KUMAR KOUL/ Anita Raina
UNIT NO.0301 TOWER B2 FLOOR 03
15/12/2015
5844721
2698497
69486
ASHIMA GUPTA/ Sachin Kumar Gupta
UNIT NO.0202 TOWER B2 FLOOR 02
31/01/2015
6341960
2642342
96189
RITESH KUMAR/ Shikha Singh
UNIT NO.0203 TOWER B3 FLOOR 02
3/4/2015
3840576
3808740
18575
ANIMESH IKSHIT
UNIT NO.0304 TOWER B4 FLOOR 03
9/2/2015
4020868
1980603
144052
A LOURDU SAMY
UNIT NO.0203 TOWER A1 FLOOR 02
6/2/2015
4315105
1736444
56905
NAZIR HUSSAIN
UNIT NO.0403 TOWER B2 FLOOR 04
12/3/2015
4020868
1858783
47864
BINOD KUMAR PRASAD
UNIT NO.0402 TOWER B1 FLOOR 04
19/07/2016
6467450
2853968
93944
BHASKAR SHAH
UNIT NO.1104 TOWER B1 FLOOR 11
17/02/2015
4260240
4210627
120144
PRAVEEN KUMAR VATS / Sushma Vats
UNIT NO. 0003 TOWER C1 FLOOR GF
23/03/2015
4390480
1877139
60990
MANJU BALI & ASHWANI KUMAR BALI
UNIT NO. 1202 TOWER A1 FLOOR 12
06/03/2016
6330323
3786911
129816
DHEERAJ MEHTA & ANISHA MEHTA
UNIT NO. 0002 TOWER B1 FLOOR GF
24/02/2016
6640305
2926040
90415
VINOD AHLAWAT & PRATIBHA AHLAWAT
UNIT NO. 0402 TOWER B4 FLOOR 04
20/05/2017
6207314
2754793
85124
KULDEEP RAZDAN & SIMMI KOUL RAZDAN
UNIT NO. 0301 TOWER B3 FLOOR 03
17/06/2015
5844721
2698497
69486
SANJIV KUMAR PANT & KHASTI PANT
UNIT NO. 0902 TOWER B2 FLOOR 09
21/05/2015
6384209
2624587
96364
BAIJ NATH SINGH
UNIT NO. 0403 TOWER A1 FLOOR 04
03/06/2015
4470600
1759920
52064
SHAMEER DEEN
UNIT NO. 0801 TOWER C1 FLOOR 08
22/06/2015
7833660
3332208
117648
DEEPANSHU KHURANA & PREETI KHURANA
UNIT NO. 0301 TOWER C2 FLOOR 03
08/07/2015
7439370
3003741
145681
MANISH SAWHNEY & MONIKA SAWHNEY
UNIT NO. 0104 TOWER D1 FLOOR 01
05/05/2016
5427000
2339926
79292
PRAKASH KUMAR / BOBBY SINGH
UNIT NO. 0803 TOWER B4 FLOOR 08
03/04/2015
4323175
4323981
103299
SOUMAN GOSWAMI
UNIT NO. 0404 TOWER A2 FLOOR 04
17/03/2014
4319634
4249662
130846
CHANDER MOHAN GUJRAL/ PRAVEEN MISHRA
UNIT NO. 0104 TOWER A2 FLOOR 01
31/05/2015
4128093
1722053
0
Ms SEEMA SUKHIJA / ASHUTOSH NIRWAN
UNIT NO. 0802 TOWER A2 FLOOR 08
6621575
4929855
SUNIL SIBEL
UNIT NO. 1204 TOWER B4 FLOOR 12
12/05/2015
4398170
1725655
64184"
The opposite party did not file its written version despite service by post on 6.8.2018 and Dasti service on 27.9.2018. The right of the opposite party to file its written version therefore was closed vide order dated 7.12.2018.
The learned counsel for the complainant states that they have filed individual affidavits of all the flat buyers on whose behalf this complaint is instituted.
Clause 5.A(i) of the terms and conditions of the allotment issued to Rashi Srivastava/Rachit Seth reads as under:-
"The possession of Apartment is expected to be delivered by the Developer within 36 months hereof subject to Force Majeure circumstances (as mentioned herein) or the circumstances beyond the control of the Developer and upon registration of Sub Lease Deed provided thta all amounts due and payable by the Allottee(s) have been paid to the Developer. It is, however, understood between the Parties that various Blocks/Towers/amenities/structures comprised in the Complex/Township shall be ready and completed in phases."
The learned counsel for the complainant states that identical terms were contained in the allotment letters issued to the other consumes on whose behalf this complaint has been instituted.
The learned counsel for the complainant states that though no written version has been filed in this complaint, several other complaints pertaining to allotments made in this very project have already been allowed by this Commission after rejecting the grounds on which the said complaints were contested.
Clause 5 (D) of the terms and conditions of allotment reads as under:-
"If for any reason the Developer is not in a position to offer the allotted Apartment, the Developer shall offer the Allottee(s) an alternative property or refund the amount paid by the Allottee(s) with Simple Interest @ 10% per annum without any further liability to pay damages or compensation of any kind whatsoever."
The learned counsel for the complainant states on instructions from some of the flat buyers, namely, Vinod Ahlawat, Sunil Sibel and Kuldeep Rajdan present in the Court that all the flat buyers through the complainant are restricting their claim to the refund of the principal amount paid by them to the opposite party along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund. The flat buyers present in the Court states that all the buyers on whose behalf this complaint has been instituted, have resolved to press the claim only to the extent of refund of the principal amount paid by them to the opposite party along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund.
The complaint is, therefore, disposed of with the following directions:-
The opposite party shall refund the entire amount received by it from 35 flat buyers whose particulars are extracted hereinabove to them, along with compensation in the form of simple interest @ 10% p.a. from the date of payment till the date of refund.
The OP shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant.
The payment in terms of this order shall be made within three months from today.