Skip to main content

Real estate firm directed to pay Rs 4.77 cr for 'huge delay'

A real estate firm has been directed by the apex consumer commission to pay Rs 4.77 crore to seven consumers for "huge delay" in handing over apartments to them noting that the builder had attempted to make profit at the cost of others.

The National Consumer Disputes Redressal Commission bench presided by Justice J M Malik noted that the apartments booked nine years ago in Greater Noida were yet to be delivered by Unitech Reliable Projects Pvt Ltd and asked it to pay Rs 4,77,58,658 with 18 per cent interest to the seven consumers.

"There is a magic in that little word 'home'. It is a mystic circle and surrounds comforts and virtues, never known beyond its hollowed limits. However, customers are exasperated by senseless delay made by the Builder of a colony," the commission said.

"It must be borne in mind that there is a huge delay in handing over possession of the premises in dispute, i.E., about 9 years. The Opposite Party (builder) has made an attempt to feather its own nest, i.E., to make profits for itself, at the cost of others' expenses. The Opposite Party has utilised the amount for its own purposes," it said.

The commission also directed the firm to pay Rs one lakh each to the complainants for harassment and mental agony.

According to the complainants, in 2006-07, the real-estate firm had advertised for availability of flats in their projects 'Unitech Verve' in Sector Pi-II at Greater Noida in Uttar Pradesh which was scheduled to be delivered within 36 months of signing of allotment letter.

The seven complainants said that they had applied for flats, either individually or jointly, and had paid the money demanded by the builder.

However, after the project got delayed, they filed complaint before the commission in October 2012.

The firm submitted before the commission that it was unable to hand over the possession of apartments to them.

It, however, submitted that it was ready to pay 10 per cent interest to the consumers as per the agreement entered into between the parties.

Article referred: http://www.business-standard.com/article/pti-stories/real-estate-firm-directed-to-pay-rs-4-77-cr-for-huge-delay-115050800990_1.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...