The National Consumer Disputes Redressal Commission (NCDRC) has asked Unitech Limited to pay, within six weeks, an amount of Rs 58,41,623 along with a compensation of simple interest at the rate of 10 per cent per annum, to Shakti Kumar Matta and noted that the firm had shown deficient service, for its failure to hand over an apartment on time. It also asked Unitech to pay Rs 10,000 as litigation cost, to Matta.
“Since the complainant (Matta) has clearly stated that the opposite party (Unitech) has failed to hand over the apartment within the stipulated period, the opposite party has committed deficiency in service, and therefore, I allow the complaint,” presiding member of NCDRC, Justice Deepa Sharma said. The apex commission said that Matta has proved, by way of an ‘un-contradicted testimony’ that the builder was supposed to hand over the apartment within 36 months but failed to do so, even after expiry of the period.
The complainant had booked a flat in the project ‘Unitech Habitat’ of the firm in Noida, in 2006. He paid a sum of Rs 5,82,948 through cheque on July 18, 2006 and signed the agreement and application of the apartment. He started paying the rest of the amount, as per the payment plan. He claimed that the builder raised various demands from time to time, which he paid too. The allotment letter to Matta was given on August 30, 2006, after which the builder told him that the possession of the flat would be handed over to him within 36 months.
While the initial price of the flat was Rs 61,26,771, it was increased to Rs 65,11,323, out of which Matta paid an amount of Rs 58,41,623 including interest, till March 1, 2009. The remaining amount was to be paid, on possession of the flat.
Matta alleged that the builder failed to hand over the possession even after 120 months, following which he sent a legal notice to them in 2015. After the notice failed to bear any consequences, the complainant approached the NCDRC.