BHUPINDER SINGH Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) Mr. Bhupinder Singh, complainant in this case applied for allotment of an apartment in the Group Housing Project of M/s. Unitech Ltd., the OP in this case, called Unitech Horizon constructed on plot No. 6 Sector Pi-2 (Alistonia Estate), Greater Noida, District Gautam Budha Nagar, U.P. An allotment letter was issued in his favour on 08.05.2006 regarding an apartment No 0102, having super area of 1705 sq. ft. on the first floor of tower 21. Total sale consideration was Rs. 49,85,380/- and the complainant had paid a total sum of Rs. 48,03,982/- till 05.12.2008. The complainant took a loan in sum of Rs. 12,50,000/- from HDFC Limited @9% p.a. to @12.25% p.a. The OP assured the complainant that he would get the flat till 15.11.2008. The flat was not ready but the OP vide e-mail dated 04.07.2009 assured the complainant that the possession would be delivered by 3rd quarter of 2010. The complainant has been running from post to pillar from 2009 till 2015 but he was always given the false promises. Ultimately this complaint was filed before this Commission on 19.10.2015 with the following prayers:-

(2.) Op has listed the following defences in support of his case. The Opposite Party has been delivering the project on time since more than 40 years and whenever the situation had arisen has duly paid the compensation for delay to all the customers. The OP is a reputed builder. Again, out of 22 towers of the project, the OP has successfully delivered a total number of 19 towers and 500 families are already inhabiting in the said project. Again, it was agreed between the parties that various blocks, towers comprised in the complex would be ready and completed in phases and after the completion the apartments would be handed over to the respective allottees of different towers. In the agreement it was also agreed that if the company is not in a position to offer the apartment altogether, the Company shall offer the allottees an alternative property or refund the amount in full with simple interest @10% p.a. without any further liability to pay damages or any other compensation. The demand raised by the complainant to pay interest @18% compounded interest is unreasonable. Again it was also agreed that the developer / Op would be liable to pay charges to the tune of Rs. 5/- per sq. ft. per month of the super area for the period of delay in offering the possession of the apartment. The complainant is bound by the agreement. All the other allegations have been denied.

(3.) We have heard the Ld. Counsel for the parties. The Ld. Counsel for the OP at the outset submitted that they were unable to put the complainant in possession of the flat immediately. She also contended that no alternative flat can be allotted.