NATIONAL CONSUMER COURT (NCDRC) ORDERS REFUND TO THE HOMEBUYERS

National Consumer Disputes Redressal Commission (NCDRC) in the case of Amal Ganguli & Anr. v. M/S. Unitech Limited ordered refund to the Homebuyers.

The complainants booked a residential Apartment in a project namely ‘The Exquisite’ in Nirvana Country-2 which the builder was to develop in Gurugram. The possession of the Apartment was to be delivered within 36 months from the date of execution of the Agreement which was in 2014, meaning thereby that it ought to have been offered for possession in 2017.

The grievance of the complainants was that the possession was not offered to them despite they had already paid Rs.1.78 crore against a total consideration of Rs.1.96 crore. The Complainants approached NCDRC seeking refund of the amount paid by them to the builder alongwith compensation.

The complainants stated before the court that they are restricting their claim to compensation in the form of simple interest @ 10% per annum in terms of clause 4(e) of the agreement which reads as under:

“4. (e) Default

If for any reason the developer is not in a position to offer the apartment, as agreed herein, the developer may offer the apartment allottee(s) alternative property or refund the amount paid by the apartment Allotttee (s) in full with interest @ 10% per annum from the date of payment(s) by the Apartment Allottee(s) without any further liability to pay any damages, charges or compensation.”

NCDRC while observing the said case, held that the builder shall refund the entire principal amount of Rs. 1.78 crore to the complainants alongwith compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date of refund.

The apex consumer court further held that the builder shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainants.

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