DEBRAJ CHATTERJEE & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant in CC No. 398 of 2015 namely Sipra Thomes booked a residential flat with the opposite party namely Bengal Unitech Universal Infrastructure Pvt. Ltd. on 15.09.2008. The parties entered into a Buyers Agreement dated 22.10.2008 whereby a flat having super area of 2249 sq. feet was allotted to the complainant for a total consideration of Rs. 73,14,272/-. As per the said Buyers Agreement, the possession was expected to be delivered to the complainant by 30.09.2011, subject of course to force majeure circumstances. The aforesaid complainant has paid a sum of Rs. 70,18,377/- to the opposite party but the construction of the said flat is nowhere near completion. Being aggrieved, she is before this Commissioner seeking refund of the amount paid by her alongwith interest @ 18% per annum compounded quarterly, thereby making a total sum of Rs. 1,70,52,551/-. She has also claimed Rs. 5 lacs towards damages for mental harassment and mental agony caused to her by the opposite party.

(2.) The complainant in CC No. 414 of 2015 namely Atul Ojha also booked a residential flat in the same project with the opposite party on 22.02.2007 and a Buyers Agreement dated 24.02.2007 was executed between the parties, whereunder a flat having super area of 1462 sq. feet was allotted to the complainant for a total consideration of Rs. 43,15,347/-. The aforesaid complainant has already paid Rs. 40,74,183/- to the opposite party. In his case, the possession was expected to be delivered to him by 31.03.2010, subject of course to force majeure circumstances. Since there is default in fulfilment of the said commitment, he is also seeking refund of the entire amount paid by him alongwith compound interest @ 18% per annum, thereby making a total sum of Rs. 1,41,22,591/-. He has also claimed a sum of Rs. 10 lacs towards damages for mental agony.

(3.) The complainant in CC No. 1188 of 2015 namely Debraj Chatterjee and his wife Sushmita Chatterjee booked a residential flat in the same project on 31.01.2007 and entered into a Buyers Agreement dated 06.02.2007 whereunder a residential flat with a super area of 2128 sq. feet was allotted to them for a total consideration of Rs. 57,69,504/-. The possession in their case was expected to be delivered to him by 31.03.2010. Since the opposite party has defaulted on the aforesaid commitment, the aforesaid complainants are also seeking refund of Rs. 55,42,279/- paid by them alongwith interest @ 18% per annum compounded quarterly, which comes to more than Rs. 1 Crore.