YOGESH SHARMA AND ORS. Vs. UNITECH LIMITED

JUDGEMENT

(1.) THE complainants, who are husband and wife, booked a residential flat with the opposite party in a project named 'CAPELLA', which it was seeking to develop on Plot No. GH -01, Sector -MU, Greater NOIDA, Distt. Gautam Budh Nagar, U.P. The price of the flat was agreed at 57,96,116/ - and the complainants paid a total sum 55,49,812/ - to the opposite party. It was agreed that the possession of the flat will be handed over to the complainants within 40 months of the Agreement. The opposite party however failed to deliver the possession of the flat by the stipulated date. Being aggrieved, the complainants are before us by way of this complaint seeking refund of the aforesaid amount of 55,49,812/ - along with 64,93,279/ - as interest on that amount @ 18% per annum computed w.e.f. 03.12.2007 and compensation for mental pain, harassment etc. quantified at 50,00,000/ -.

(2.) THE complaint has been resisted by the opposite party inter -alia on the ground that it is barred by limitation and has not been filed by a competent person. On merits, allotment of Apartment No. 404 in Tower 9, measuring 1870 sq. ft. to the complainants has been admitted. It is however alleged that though the land measuring 100 acres was allotted to the opposite party by Greater Noida Industrial Development Authority in Sector MU of Greater Noida on 15.09.2006 and Lease Deed in its favour was also executed on 22.01.2007, followed by possession certificate dated 29.01.2007, actual physical possession could not be handed over to the opposite party due to agitation by local farmers. It is further alleged that due to global meltdown and local market dynamics in real estate industry, the investment value in this project underwent a sea -change and the project therefore got belated due to circumstances beyond the control of the opposite party. It is also claimed by the opposite party that since the amount paid by the complainants was less than 1 Crore this Commission does not have pecuniary jurisdiction to entertain this complaint.

(3.) SECTION 24 -A of the Consumer Protection Act, to the extent it is relevant, provides that the complaint shall not be admitted unless it is filed within two years from the date on which the cause of action has arisen. The term 'cause of action' has not been defined in the Act but it is generally understood to mean the whole set of facts which the party will have to prove, in order to succeed in his claim. It was held by Hon'ble Supreme Court in Dr. V.N. Srikhande v. Mrs. Anita Sena Fernandes : JT 2010 (11) SC 524 that the term cause of action used in the aforesaid section has to be interpreted keeping in view the context in which it has been used and the object of the legislation.