New Delhi: The countrywide consumer Disputes Redressal commission (NCDRC) has directed Unitechrestricted to refund Rs 3.04 crore to a retired military personnel and his spouse with an interest price of 18 consistent with cent per annum for no longer turning in ownership of a plot by way of the devoteddate, saying it become a case of “gross deficiency”.
A bench of apex purchaser commission NCDRC surpassed the order towards the real estate principal, which has already paid again Rs 45 lakh, to Punchkula resident Lt Col (retired) Anil Raj and his wife.
besides, the bench additionally imposed a penalty of Rs 5 lakh on Unitech for dismissing its period in-between order surpassed in September last 12 months by way of which it became asked to refund to the complainants the amount of Rs 3.04 crore deposited via them at the side of hobby at 10 in line with centin step with annum.
“…we don’t have any hesitation in keeping that it’s miles a case of gross ‘deficiency’ on the part of Unitech in not delivering possession of the plot by means of the committed date, subjecting the complainants toexcessive economic loss and mental harassment,” stated a bench presided by way of Justice D ok Jain.
The bench also noted that as consistent with the settlement between the events, inside the event of put off at the a part of buyer in making price of any instalment, the developer become expected to rate aninterest at 18 consistent with cent according to annum, compounded quarterly, and stated that “logically,inside the occasion of default on its very own part, the developer ought to now not shrink back from paying hobby on the same rate“.
“consequently, bearing in mind the quantity of monetary loss and harassment suffered by using the complainants, in our opinion, it might be simply and fair if Unitech is directed to pay to the complainantssimple hobby at 18 in keeping with cent in line with annum from the date of every deposit, till itsrealization,” it said.
The bench, even as deliberating on quantity of penalty to be imposed at the builder, stated, “…it is a in shape case wherein, even as sparing it from a stringent motion of attachment of its property, in phrases ofsection 25 of customer protection Act, exemplary costs should be imposed on it.”
“thus, we direct that Unitech shall pay to the complainants fees of Rs three lakh and deposit a further sum of Rs 2 lakh in the customer Welfare fund by way of a call for draft drawn in favour of PAO, Ministry of patronAffairs, New Delhi,” the bench stated.
The complaint, filed against Unitech restricted and its coping with director, said the complainants hadcarried out for allotment of a residential plot within the firm‘s Aspen vegetables mission at SAS Nagar in Mohali, in December 2011. The fee of plot turned into constant at Rs three.34 crore and it turned into to be introduced to the complainants within three hundred and sixty five days.
The complainants, after elevating a housing mortgage of Rs 2.five crore, paid Rs 3.04 crore to the developer, the plea said.
however, after a long put off, the complainants despatched a legal note to Unitech in August 2013 and later approached NCDRC alleging deficiency in carrier and unfair trade exercise on the part of Unitech innot delivering ownership of plot inside the stipulated time frame and in pocketing the amount of Rs 3.04 crore.
all through the court cases, Unitech had agreed to refund the entire amount deposited through the complainants with an hobby at 10 according to cent in keeping with annum. The bench, thereafter, hadexceeded an order on this regard in September last yr.
but, Unitech didn’t comply with that order and the complainant again approached the commission.
tale first posted on: may additionally 15, 2016 15:18 (IST)
Tags: Unitech, Unitech Ltd, countrywide purchaser Disputes Redressal commission, NCDRC, retired navypersonnel, Punchkula, Justice D k Jain
