NCDRC

NCDRC

CC/1874/2016

HANISH KUMAR DEWAN & ANR. - Complainant(s)

Versus

M/S. UNITECH LIMITED - Opp.Party(s)

M/S. AAA LAW ASSOCIATES

07 Nov 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 1874 OF 2016
 
1. HANISH KUMAR DEWAN & ANR.
H-11, KALKAJI MAIN ROAD, NEW DELHI-110019.
2. MS. RICHA
H-11, KALKAJI MAIN ROAD,
NEW DELHI-110019.
...........Complainant(s)
Versus 
1. M/S. UNITECH LIMITED
(THROUGH ITS MD) 6, COMMUNITY CENTRE, SAKET,
NEW DELHI-110017.
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Complainant :
Mr. V.N. Agarwal, Advocate
For the Opp.Party :
Mr. Babanjeet Singh Mew, Advocate

Dated : 07 Nov 2017
ORDER

JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

The complainant booked a residential flat with the opposite party in a project, namely, 'Anthea Floors Wildflower Country' which the opposite party was to develop in Gurgaon. Flat No.0098, Block F in the aforesaid project was allotted to the complainant (Client ID No. AF – 0153) for a total consideration of Rs.1,00,61,903/-. A Buyers Agreement dated 02.11.2011 was then executed between the parties. In terms of clause 4.a of the aforesaid letter, possession was to be delivered within 36 months from its execution. The possession thus ought to have been delivered by 02.11.2014. The grievance of the complainant is that despite she having already paid Rs.48,84,307/- to the OP, the possession has not even been offered to the complainant. The complainant is, therefore, before this Commission, seeking possession of the aforesaid flat with compensation or in the alternative refund of the amount paid by her to the opposite party along with interest @ 24% p.a.

2.      The opposite party did not file the written version even within 45 days of the receipt of the notice.  The right of the opposite party to file its written version, therefore, was closed vide order dated 18.04.2017, the complainant was directed to file affidavit by way of evidence.

3.      I have perused the affidavit of the complainant by way of evidence and have heard the learned counsel for the complainant.

4.      The learned counsel for the complainant states on instructions that the complainant is pressing for the same relief which this Commission has awarded in Consumer Complaint No.199 of 2015 - Rakhee Dey & Ors. Vs. M/s Unitech Ltd. decided on 31.07.2017. The complaint is, therefore, disposed of with the following directions:-

(i)      The opposite party shall refund the entire amount Rs.48,84,307/-taken from the complainant along with compensation in the form of simple interest @ 12% p.a. from the date of each payment till the date on which the entire amount taken from the complainant is refunded along with compensation in the form of interest in terms of this order.

(ii)      The opposite party shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant.

(iii)     The payment in terms of this order shall be made within three months from today.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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