Consumer Court directs Unitech to reimburse rent to buyer for delayed possession

[SPS72]

Unitech builder has delays possession beyond agreement. Consumer court has given a decision to reimburse the total rent paid by buyer for the period of delay.

NEW DELHI: Realty major Unitech Ltd has been directed by the apex consumer commission to reimburse nearly Rs 14 lakh spent by a customer on rent after the flat for which he paid over Rs 1.37 crore in 2007 was not handed over to him till date.
The National Consumer Disputes Redressal Commission (NCDRC) also pulled up the real estate major and its top officials, Executive Chairman Ramesh Chandra and Managing Directors Sanjay Chandra and Ajay Chandra, saying "even after lapse of six years the flats are not ready".

"It is clear that the opposite parties (Unitech and its officials) want to have benefit of both the worlds. They have received the entire price of the apartment at the time of execution of the agreement. Even after the lapse of six years, the flats are not ready.
"The opposite parties have offered peanuts for delaying construction of work. They have to honour their commitment," a bench headed by Justice J M Malik said, giving six months time to Unitech to hand over the flat in one of its residential townships in Gurgaon to Sanjay Goyal.

The bench said that after the period of six months is over, Unitech will have to pay Rs 25,000 for every additional month of delay in handing over possession and awarded Gurgaon resident Goyal Rs 50,000 as compensation.
The NCDRC also directed Unitech to reimburse the rent of Rs 42,500 per month from October 2010 to August 2012 (Rs 9.35 lakh) and Rs 50,000 from September 2012 to May 2013 (Rs 4.5 lakh) paid by Goyal.

The commission also directed the real estate company to pay the current rent of Rs 50,000 per month being paid by Goyal for the time it takes to hand over possession of the flat.
In his complaint, Goyal alleged that he had in September 2007 paid Rs 1,37,89,069 to Unitech for a flat in one of its housing projects 'Harmony' at 'Nirvana Country' residential township in Sector 50, Gurgaon, Haryana and as per the buyers agreement he was to get possession of the unit by September 2010.
Till date the possession had not been handed over to him, Goyal had said.
Unitech had offered to pay Goyal Rs 7.5 per square feet as holding charges for the delay in handing over possession or to refund entire amount paid by him with interest of 15 per cent, but he had refused to settle, the NCDRC noted.

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[s1joshi]

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Unitech to reimburse rent to buyer for delay in giving flat
PTI | Jun 3, 2013, 02.09PM IST
NEW DELHI: Realty major Unitech Ltd has been directed by the apex consumer commission to reimburse nearly Rs 14 lakh spent by a customer on rent after the flat for which he paid over Rs 1.37 crore in 2007 was not handed over to him till date.

The National Consumer Disputes Redressal Commission (NCDRC) also pulled up the real estate major and its top officials, Executive Chairman Ramesh Chandra and Managing Directors Sanjay Chandra and Ajay Chandra, saying "even after lapse of six years the flats are not ready".

"It is clear that the opposite parties (Unitech and its officials) want to have benefit of both the worlds. They have received the entire price of the apartment at the time of execution of the agreement. Even after the lapse of six years, the flats are not ready.

"The opposite parties have offered peanuts for delaying construction of work. They have to honour their commitment," a bench headed by Justice J M Malik said, giving six months time to Unitech to hand over the flat in one of its residential townships in Gurgaon to Sanjay Goyal.

The bench said that after the period of six months is over, Unitech will have to pay Rs 25,000 for every additional month of delay in handing over possession and awarded Gurgaon resident Goyal Rs 50,000 as compensation.

The NCDRC also directed Unitech to reimburse the rent of Rs 42,500 per month from October 2010 to August 2012 (Rs 9.35 lakh) and Rs 50,000 from September 2012 to May 2013 (Rs 4.5 lakh) paid by Goyal.

The commission also directed the real estate company to pay the current rent of Rs 50,000 per month being paid by Goyal for the time it takes to hand over possession of the flat.

In his complaint, Goyal alleged that he had in September 2007 paid Rs 1,37,89,069 to Unitech for a flat in one of its housing projects 'Harmony' at 'Nirvana Country' residential township in Sector 50, Gurgaon, Haryana and as per the buyers agreement he was to get possession of the unit by September 2010.

Till date the possession had not been handed over to him, Goyal had said.

Unitech had offered to pay Goyal Rs 7.5 per square feet as holding charges for the delay in handing over possession or to refund entire amount paid by him with interest of 15 per cent, but he had refused to settle, the NCDRC noted.

[dheerajjain]

Thanks, Mr. Singh. Please note that Justice J M Malik is the same Judge presiding over Piyush Consumer case. He has given a stay on illegal demands by Piyush and I am hopeful that he will teach a lesson to Piyush Group too.