The National Consumer Disputes Redressal Commission (NCDRC) has directed Unitech to compensate a flat buyer by paying over ₹51 lakh after the developers failed to deliver possession of the flat within the stipulated time period.
The directions came after a complainant moved the consumer panel seeking compensation from the developers. It was alleged that despite paying a sum of ₹51.44 lakh towards booking of the apartment in Gurugram, the possession was not delivered on time.
Holding the developers deficient in services, the apex consumer forum observed, “The documents filed by the complainant prove the allotment made by Unitech... the possession of the flat having not been delivered within three years from the date of execution of the [agreement] and in fact, having not been offered till date, the complainant is entitled to seek refund of the entire amount paid.”
Additionally, Unitech was directed to pay a sum of ₹25,000 to the complainant as compensation towards the cost of litigation.
Referring to previous judgments passed by the NCDRC, the commission further noted the terms of the agreement which both the parties entered into.
According to the agreement, in case of default in offering possession of the flat, “the developer will offer the allottee an alternative property in any complex — developed, under-development or proposed... and if no alternative property is available, will refund the amount paid by the apartment allottee in full interest...”
The developer was directed to compensate the flat buyer within three months.