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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