The Commission stated, “There is no dispute that Unitech has failed to construct and deliver the possession of the flat till today."
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The Delhi State Consumer Commission has observed that homebuyers cannot be expected to wait indefinitely for the possession of flats and directed real estate firm Unitech to refund Rs 33.59 lakh to a Delhi based flatbuyers. The commission has directed the Unitech group to refund the money to homebuyers within 45 days with simple interest at 10 percent per annum.
A flatbuyer, Surhind Bhandari had booked a flat with one of Unitech group’s project – 'The Residences' in 2012, however, he has been waiting for possession of flat for the last seven years.
The commission noted that Unitech has committed deficiency in service and also indulged in an unfair trade practice by not completing the construction works, despite receiving a substantial amount from the homebuyers.
“It stands established that the construction of the unit in the question is not near completion yet and a period of about seven years is already over. The opposite party (Unitech) has retained hard-earned money of the complainant,” the consumer commission said.
It further stated, “There is no dispute that Unitech has failed to construct and deliver the possession of the flat till today. The complaints can not be expected to wait for possession of the flat for an indefinite period.”
Bhandari told the consumer commission that he had paid Rs 33.59 to Unitech till January 2013, however, since then he has not received any communication regarding the progress of the project. “Unitech did not give any response to me despite repeated attempts to seek an update on the project,” Bhandari has submitted before the commission.
He has also alleged that Unitech played a deliberate fraud upon him by misrepresenting and giving false assurances about the launching of its projects.
