The apex consumer commission has directed the Unitech Ltd to refund over Rs 4.3 cr to a home buyer because the realtor has been unable to hand over the possession of a property even after four years of the promised delivery date.
Precisely, the National Consumer Disputes Redressal Commission (NCDRC) asked the realtor to refund Rs 4,37,98,966 to Gurgaon-resident Major (Retd) Jaideep Singh who had booked a house in one of the projects of the firm in 2012. It also asked the realty firm to pay a compensation of Rs 25,000 to Singh. The firm is required to pay back the amount within three months.
"The opposite party (Unitech) shall refund the entire principal amount of Rs 4,37,98,966 to the complainant (Singh) along with compensation...," the presiding member of the commission, Justice V K Jain, said.
According to the complaint filed by Singh, in April 2012, he had booked a house in one of the firm's projects, Espace Premier Nirvana Country-2 supposed to come up in sector 78 of Gurugram, and the property handed over in 24 months, that is by April 2014. Singh had paid Rs 1.05 cr directly and the rest through his banker.
The commission noted that the firm was unable to commit any particular date for the completion of the project. The firm told the apex consumer panel that the project was halted due to circumstances beyond its control. It said that since the availability of the sewerage treatment plants and water from such plants was very limited compared to the requirement, it became difficult to maintain the timely schedule of construction.
However, the commission rejected all claims of the firm noting that it had allowed several other complaints with regard to the same property.