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Consumer court directs Unitech to refund 43 homebuyers for 3-year delay in delivery of Noida project
The Hindustan Times, December 04, 2018


The complainants had booked flats in Unitech group’s The Residences project, which the builder was to develop in Noida’s Sector 117. The allotment letter was issued in September 2012 and possession was to be given by September 2015 but did not happen within the stipulated time.

The National Consumer Disputes Redressal Commission (NCDRC) has directed Unitech Limited refund the money collected from 43 buyers who had booked flats in a residential project and paid over 90% of the cost, but did not get possession within the stipulated time.

The complainants had booked flats in the group’s The Residences project, which the builder was to develop in Noida’s Sector 117. The total cost of an apartment in the project was Rs 62.04 lakh. The allotment letter was issued in September 2012 and possession was to be given by September 2015. The complainants had moved NCDRC seeking a refund, along with compensation.

NCDRC observed that the affidavits and documents filed by the complainants proved the allotment made to them and that the payments made were received by the builder. Since the possession of the apartment has not even been offered to them, by the date stipulated in the allotment letter, they are entitled to seek a refund of the amount paid, along with interest.

Unitech resisted the complaints on the ground that the delay was caused by circumstances beyond its control, such as agitations by farmers in Noida and Greater Noida who had filed write petitions in the Allahabad High Court.

The builder, however, has not disputed the allotment made to the 43 flat buyers. The NCDRC order said the grounds on which the grievances had been opposed had repeatedly been rejected by the commission in a large number of complaints and that they needn’t be dealt with again.

The order also added that even though the date of possession had passed three years ago, the construction was nowhere near completion was nowhere in sight and that the builder was not in a position to give a time-frame for completion of the said flats and offering their possession to the buyers.

“The NCDRC disposed of the complaint on Friday with directions to the builder to refund the amount paid to the complainants, along with simple interest of 10% from the date of payment till the date of refund,” Sanjeev Sharma, advocate for the buyers, said.

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