At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. JUSTICE V.K. JAIN
By, PRESIDING MEMBER
For the Appearing Parties: Harish Uppal, Tileshwar Prasad, Advocates.
The complainants booked a residential apartment with the OP in a project namely 'Unitech Verve' which the OP was to develop in Sector Pi-II of Greater Noida. Vide allotment letter dated 29.12.2007, Apartment No.1401 in Tower 2 of the aforesaid project was allotted to them on the terms and conditions annexed thereto and executed on 23.01.2008. As per clause 4(a)(i) of the said terms and conditions, the possession was to be delivered within 27 months of their execution meaning thereby that the possession ought to have been delivered by 23.04.2010. The grievance of the complainants is that the possession of the apartment has not even been delivered to them despite they having already paid Rs. 52, 36, 587/- to the OP. The complainants are, therefore, before this Commission seeking refund of the said amount alongwith compensation etc.
2. The opposite party was served on 14.9.2018 but did not file its written version. The right of opposite party to file its written version therefore, was closed vide order dated 11.1.2019.
3. I have heard the learned counsel for the complainants and have considered the affidavits and documents filed by them. No one appeared for the opposite party when the matter was called for hearing.
4. The documents and the affidavits filed by the complainants prove the allotment made to the complainants as well as the payment they made to the opposite party. Since the possession was not delivered to them within the time period stipulated in the terms and conditions of the allotment, they are entitled to seek refund of the amount paid by them to the opposite party with appropriate interest.
5. The learned counsel for the complainants further states that they have taken loan of Rs. 38 lakhs from HDFC Bank at the variable interest of 10.25% p.a. and the whole of the said loan was paid by the bank directly to the opposite party in the account of the complainants. He, therefore, seeks compensation in the form of simple interest @ 10.25% p.a. on the aforesaid amount of Rs. 38 lakhs and on the balance amount, he restricts the claim to the refund of the principal amount along with interest @ 10% p.a. in terms of the Clause 4.e of the terms and conditions, which reads as under:
If for any reason the Developer is not in a position to offer the Apartment altogether, the Developer shall offer the Allottee(s) an alternative property or refund the amount in full with Simple Interest @ 10% per annum without any further liability to pay damages or any other compensation on this account.
6. Reliance is placed upon the decision of this Commission in Dewan Ashwani and Ors. Vs. Unitech Reliable Projects Pvt. Ltd. and Anr. CC No.282/2012 , decided on 07.05.2015. Reliance is also placed upon Consumer Complaint No. 709 of 2015, Ankur Goel Vs. Unitech Reliable Projects Pvt. Ltd. , decided on 27.07.2016, wherein some additional contentions advanced by the opposite party with respect to the pecuniary jurisdiction of this Commission were rejected by this Commission.
Reliance is also placed upon Neha Suri Vs. M/s Unitech Reliable Projects Pvt. Ltd. CC No. 977 of 2015 decided on 04.01.2017 and Kiran Agarwal Vs. Unitech Reliable Projects Pvt. Ltd. CC No.1487/2016 , decided on 31.08.2017.
7. For the reasons stated hereinabove, the complaint is disposed of with the following directions:-
(i) The opposite party shall refund the entire principal amount of Rs. 52, 36, 587/- to the complainants alongwith compensatio
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n in the form of simple interest @ 10.25% per annum on the amount of Rs. 38 lakhs and @ 10% on the balance amount with effect from the date of each payment till the date of refund. (ii) The OP shall also pay a sum of Rs. 25, 000/- as the cost of litigation to the complainants. (iii) The payment in terms of this order shall be made within three months from today.