AI Structured Summary
Not yet generated for this judgment
Judgment
V.K.Jain, Presiding Member
This is a complaint instituted under Section 12(1)(b) of the Consumer Protection Act on behal many as 38 allottees of residential flats in a project namely 'Unihomes-3 Noida' which the OP was t in Sector-113 of Noida. As per the allotment letters issued to the above referred 38 persons on diffe the possession of the allotted flats was to be delivered to them within 30/36 months from the date of The particulars of the allotments made to the above referred 38 persons, the payments made by them date by which possession was to be delivered to them, are as under:
Personal Details Flat Details
S. No.
Name
Uni3 Customer Id
Uni3 Flat Number
Uni 3 Tower #
Allotment Date
Possession Date
1.
Abhishek Das s/o Dr Bishwanath Das & Ankita Jain w/o Abhishek Das
UE 1590
705
C6
25-10-12
25-10-15
2.
Aman Bharadwaj s/o Vinod Kumar
UE1748
704
D1
30/01/2013
02-01-16
3.
Amit Sehgal s/o Inderjeet Sehgal
UE1493
907
C5
21/9/2012
21/9/2015
4.
Ankit Goel s/o Inder Kumar Gupta
UE0039
603
A2
13/12/11
13/06/14
5.
Anoop Kumar Goyal s/o Vimal Agarwal & Divya Goyal w/o Anoop Kumar Goyal
UE1616
207
C6
30/10/2012
30/10/2015
6.
Anubhav Verma s/o P K Verma & Priti Verma w/o Anubhav Verma
UE0590
601
B4
25/2/2012
25/2/2015
7.
Anurag Bahl s/o Prem Prakash Bahl & Suchitra Dalal Bahl w/o Anurag Bahl
UE0346
1207
A3
11-01-12
12-07-14
8.
Bodhraj Keswani s/o Sheeru Wadhumal Keswani
UE1345
1201
A6
24/8/2012
24/8/2015
9.
Charu Mittal w/o Anshul Agarwal & Krishna Kumar Agarwal s/o Shanti Swaroop Goyal
UE0089
401
A2
24/12/2011
23/06/2014
10.
Debanjan Banerjee s/o Dr Nirmal Kumar Banerjee & Nabonita Bagchi Banerjee w/o Debanjan Banerjee
UE0524
803
B4
15-02-12
15-02-15
11.
Jyoti Sabharwal w/o P Kasturi Rangan & P Kasturi Rangan s/o N Paramathma
UE1793
1207
D1
26/12/2012
25/12/2015
12.
Manoj Kumar s/o Chandan Kumar
UE1805
906
C4
27-12-12
27-12-15
13.
Mohit Garg s/o Manmohan Garg
UE1233A
0005
C1
07-07-12
07-07-15
14.
Naveen Kumar s/o Shyam Lal
UE 1845
804
C-6
04-01-13
04-01-16
15.
Neeraj Kumar s/o Sajjan Kumar & Kavita Gahlot w/o Neeraj Kumar
UE1189
1004
C3
07-03-12
07-03-15
16.
Nitin Girotra s/o Ashok Girotra & Priyanka Girotra w/o Nitin Girotra
UE1874
803
D1
23-01-13
22-01-16
17.
Om Prakash Gupta s/o Durga Prasad Gupta & Prabha Gupta w/o O P Gupta
UE0150
208
A4
31/12/11
31/12/14
18.
Pawan Kumar Jain s/o N C Jain
UE1204
1002
B4
02-07-12
02-07-15
19.
Rajesh Bhambani s/o O P Bhambani
UE0438
103
B1
06-02-12
06-08-14
20.
Rajesh Kumar s/o Ram Brat Gope & Anamika Anupam w/o Rajesh Kumar
UE1434
902
B4
05-09-12
05-09-15
21.
Rajlaxmi Rout w/o Santanu Kumar Patra
UE0392
705
A5
05-03-14
05-09-16
22.
Rita Devi w/o Mahendra Singh Bhargava & Mahendra Singh Bhargava s/o L S Bhargava
UE0372
204
B1
28-01-12
28-07-14
23.
Sandeep Sharma s/o Satnarain Gautam & Satnarain Gautam s/o Jainarain
UE0250
304
A6
09-01-12
09-01-15
24.
Sanjay Sharma s/o J M Sharma
UE0382
608
B1
25-01-12
24-07-14
25.
Sanjay Kumar Sharma s/o Shukdeo Sharma
UE 1062
102
C1
20-06-12
20-06-15
26.
Sanjiv Kumar Gupta s/o Rajendra Prasad Gupta & Ritu Gupta w/o Sanjiv Kumar Gupta
UE1618
103
C 6
02-11-12
01-11-15
27.
Saurabh Gupta s/o Anil Kumar Gupta
UE1938
1106
C6
20/2/2013
20/2/2016
28.
Saurabh Nautiyal s/o Krishna Nand Nautiyal & Shubhangi Nautiyal w/o Saurabh Nautiyal
UE1208
0006
C3
02-07-12
02-07-15
29.
Smita Bhagat w/o Pranshuman Roy & Pranshuman Roy s/o Jian Prasad Roy
UE0710
807
B1
10-04-12
10-04-15
30.
Sumit Agarwal s/o Laxmi Narayan Agarwa
UE1749
701
D1
20-12-12
20-12-15
31.
Sumit Kumar s/o Krishan Kumar
UE1943
1005
C3
26/02/13
25/02/16
32.
Sumit Vaid s/o Baldev Raj Vaid & Raj Kumari w/o Baldev Raj Vaid & Jyoti Sharma w/o Sumit Vaid
UE0313
306
A5
11-01-2012
11-01-2015
33.
Sunita Khullar w/o Inder jit Khullar & Vineet Khullar s/o Inder Jit Khullar
UE1891
5
C6
27/01/13
27/01/16
34.
Tarun Thakur s/o Rajesh Thakr & Anita Thakur w/o Tarun Thakur
UE0026
702
A01
12-12-11
12-06-14
35.
Vaibhav Chaturvedi s/o Prabhat Chaturvedi & Rekha Chaturvedi w/o Prabhat Chaturvedi
UE0375
0306
B1
28/1/2012
28/7/2014
36.
Varun Dixit s/o Suresh Chandra Dixit
UE1782
806
D1
26-12-12
25-12-15
37.
Vikas Saraswat s/o Virendra Nath & Geeta Saraswat w/o Vikas Saraswat
UE1741
807
D1
19-12-12
19-12-15
38.
Jyoti Agarwal w/o Vikas Kumar & Vikas Kumar s/o Ashok Kumar
UE0453
406
A5
06-02-12
06-08-14
The grievance of the above referred allottees is that the possession of the allotted flat has not e offered to them despite they having made substantial payment to the OP. Therefore, they are before Commission through the Complainant Association seeking refund of the amount paid by them to the alongwith compensation etc.
The OP did not file its written version within the prescribed period of 30 days from the receipt On an application filed by the OP, the delay in filing the written version was condoned vide order da 10.08.2018 subject to payment of Rs.10,000/- as cost with the Legal Aid Account of NCDRC within weeks from the date of the order. However, the cost was not deposited and therefore, the right of the its written version was closed vide order dated 20.09.2018. No request was made by the OP thereaft permission to deposit the cost at a belated stage. As a result, the order closing its right to file the wri version became final.
I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants by way of evidence. The learned counsel for the complainant submits that they have f affidavits of all the 38 allottees on whose behalf this complaint is instituted alongwith their respectiv supporting documents.
A perusal of the Certificate of Registration issued by Registrar of Societies (South East), Gove NCT of Delhi would show that the complainant is registered as a society under the provisions of the Registration Act, 1860. Some of the objectives of the complainant association, as contained in its Memorandum of Association, read as under:
MAIN OBJECTIVES
To protect the collective interest of the registered members of the association by representing members at relevant in forums/commissions and courts.
To protect interest of the members by representing the Association at various relevant Forums Commissions, Courts, appropriate Government, quasi Government, Judicial, Statutory and ot relevant bodies, including local municipal bodies, authorities, builders, developer, association builders & developers and other organization which may impact the members monetarily or o and take all such steps as may be necessary in this regard.
To pursue; propagate, advance, safeguard or promote the interests of members of the associat are the buyers/owners/allottees of Residential flats in project - UNIHOMES 3, SECTOR-113, UTTAR PRADESH.
From the Registration Certificate and the aims and objectives of the complainant society, I am that the complainant is a Voluntary Consumer Association within the meaning of Section 12 of the C Protection Act and therefore, is competent to institute this Complaint on behalf of the said allottees.
A perusal of the details recorded hereinbefore would show that the possession of the allotted fl be delivered on different dates in the years 2014, 2015 and 2016. Since the possession of the allotte not even been offered to the above referred 38 allottees, they are entitled to refund of the amount pai to the OP alongwith appropriate compensation in the form of interest.
During the course of arguments, I asked the learned counsel for the OP as to what is the stage o construction of the flats allotted to the above referred 38 persons. She submits that the construction complete and at present, the company is not in a position to resume the construction.
The learned counsel for the complainant has relied upon the decision of this Commission dated 08.05.2019 in Consumer Complaint No.939 of 2016 Unitech Welfare Society Vs. Unitech Limit pertains to the allotment of residential flats in this very project. A perusal of the above referred deci show that this Commission directed refund of the amount paid by the allottees who were the membe complainant society alongwith simple interest @ 10% per annum from the date of each payment.
For the reasons stated hereinabove, the complaint is disposed of with the following directions:
The OP shall refund the entire amount received by it from the above referred 38 allottees of re flats in the project namely 'Unihomes-3 Noida' alongwith compensation to them in the form o interest @ 10% per annum from the date of each payment till the date of refund.
The OP shall 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.