NCDRC

NCDRC

CC/917/2017

BALRAJ SHARMA & 33 ORS. - Complainant(s)

Versus

UNITECH LIMITED & 2 ORS. - Opp.Party(s)

MR. PANKAJ BHAGAT, Sadre Alam & Shipra Bhuttan

27 Aug 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 917 OF 2017
 
1. BALRAJ SHARMA & 33 ORS.
JB-16, First Floor, Khirki Extension, Malviya Nagar,
New Delhi - 110 017.
2. Puneet Gulwani and Mrs. Deepti Gulwani
1427 Valley Lake Dr Apt 1267, Schaumburg,
IL - 60195,
USA
3. Rohit Gupta
109, May Dr Apt 4, Camp Hill,
PA-17011
USA
4. Debshankar Sen And Mrs Amrit Sen
Flat F 903, Elite Homz, Sector 77,
Noida
U.P. 201301.
5. Dr. Anil Kumar Sood and Dr Abha Sood
109 Block-2, Kirti Apartments, Mayur Vihar, Phase 1 Extension,
New Delhi - 110 091.
6. Sameer Prakash Jain
163 D-5 Chattarpur Hills,
new Delhi - 110 074.
7. Sanjeev Jain
163 D-5 Chattarpur Hills,
New Delhi - 110074.
8. Rajveer Singh Verma
Flat F-2, Plot No. 48, Rajender Nagar, Sector -5, Sahibabad,
Ghaziabad
U.P. - 201 005.
9. Praveen Pratap Singh and Sima Kumar
House No. 362, 1st Floor, Sector -31,
Faridabad
Haryana - 122 017.
10. Kalyani Sharma
A-1802, Girnar Heights, Bhakti Park, Near Wadala Imax Cinema, Wadala East,
Mumbai - 400 037.
11. Arun Kumar Nayal and Gayatri Nayal
6114, Tower - 7, Block - D2, GH-7, Crossing Republik,
Ghaziabad - 201 009.
12. Neelma Kaushal And Mani Kaushal
Kothi No. 2, Gwalior Road, Baluganj,
Agra
U.P.
13. Sumanto Sinha
Pocket 40, House# 195, Chittaranjan Park,
New delhi - 110 019.
14. Anoop Kumar Johari And Anupama Johari
Flat A-401, Gateway Apartments, Plot A-100/5, Sector 51,
Noida
U.P. 201301.
15. Ashok Kumar Sharma and Ankur Sharma
Guru Apartmetns, Flat 474 Plot 2, Sector 6, Dwarka,
New Delhi -110075.
16. Abhimanyu Singh And Vibha Singh
Indian Oil Corporation Limited Pipelines Division, 14 Lee Road
Kolkata - 7000 020.
17. Sarbari Das And Soumitra Sankar Das
Flat 220, Zabeel Plaza, PO Box-59,
Dubai
UAE
18. Suresh Kumar Bajaj And Amrit Varsha Bajaj
#416, Sriven@205, Brindavana Apartment Road, Adjacent To Chroma Show Room, Kadubeesanhlli,
Bangalore - 560103
19. Rajiv Midha and Suman Midha
GF6, Anand Arch Apartment, 14 Old Survey Road,
Dehradun
Uttarkhand - 248 001.
20. Nitin Jain
RZG 636/C, Rajnagar Part 2, Palam Colony,
New Delhi
21. Vikesh Kumar Arora And Pallavi Arora
Royal Legacy Apts, Glat 606-G, Plot C-3, Sec-18, Vasundhara,
Ghazibad - 201 012.
22. Rupesh Kumar Srivastava And Shilpa Shyam
C-84, Plot#11, Sector 22, AIMO CGHS, Classic Apartment, Dwarka,
New Delhi -110075.
23. Vijay Khera and Ankur Khera
E-65A, Sector 40,
Noida 201301.
24. Md Shamim Anwer And Asfia Nikhat Zia,
C/O Z. Ahmed, Block No. A, Flat No. 1F, Keshab Residency 138, Keshab Chandra Sen Street,
Kolkata
WB - 700 009.
25. Dr Syed Shamshad Hussain and Farhana Yawar
Dr. SS Hussain, Deptt of General Surgery, King Fahad Milatary Hospital PO Box 101, Post Code 61961
Khamees Mushayt,
KSA.
26. Sumita Jain And Abhishek Jain
68-69 Kalyan Colony, D Block, Malviya Nagar,
Jaipur -302017
Rajasthan.
27. Sumitra Sharma
28w, Ram Krishna Samadhi Road, CUT Scheme 6M, Kankurgachi,
Kolkata - 700 054.
28. Rommel Bhan & Sunita Ticku
21611 Canyon Links Ct, Katy,
TX - 77450
USA
29. Ravi Mehrotra And Ruchi Mehrotra
1092/1, Ward No. 1, Mehrauli,
New Delhi -110030.
30. Siddharth Verma And Dharmendra Verma
S/o. Dharmendra Verma, 183 Sahyog Apartmetn, Mayur Vihar Phase 1,
Delhi - 110 091.
31. Vivek Kumar Garg
S/o. Ram Nivas Garg, A-11, Gali No, Ashok Nagar, Mandoli Road,
Delhi - 110 093.
32. Mukesh K Verma And Nutan Verma
B-92, Sector 19
Noida - 201 301.
33. Vinod Sharma And Radha Sharma
2723, Clover Highlands, NIBM Road,
Pune - 411 048.
...........Complainant(s)
Versus 
1. UNITECH LIMITED & 2 ORS.
6, Community Centre, Saket,
New Delhi - 110 017.
2. Ramesh Chandra,
Managing Director Resident of C-41, Mayfair Gardens, Hauz Khas
New Delhi - 110 016
3. Ajay Chandra, Director
C-41, Mayfair Gardens, Hauz Khas,
New Delhi - 110 016.
...........Opp.Party(s)

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

For the Complainant :
Mr. Pankaj Bhagat, Advocate
For the Opp.Party :
Mr. Varun Katyal, Advocate
Ms. Chitra, Advocate

Dated : 27 Aug 2019
ORDER

O R D E R

 

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

 

          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. 

 

2.      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. 

 

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

 

4.      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. 

 

5.      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.

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

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