The National Consumer Disputes Redressal Commission (NCDRC) has asked Unitech Ltd to refund Rs 29.5 lakhs to Gurugram resident Manish Daryani, for its failure to give timely possession of an allotted flat and also directed the firm to pay a compensation of Rs 25,000 for deficiency in rendering services. “I am satisfied that the delay in construction of the flats allotted to the complainant (Daryani), did not happen on account of reasons beyond the control of the opposite party (Unitech). Therefore, the said opposite party was deficient in rendering services to the complainant, by not delivering timely possession of the flat allotted to him,” presiding member of the commission, justice VK Jain, said.
According to the complaint filed by Daryani, he had booked a residential apartment in Unitech Ltd’s proposed project ‘Unitech South Park’ in Sector 70 of Gurugram, in Haryana. The proposed apartment of Rs 91 lakhs, was booked in March 2011 with an agreement to handover the possession within three years, in 2014. The complaint alleged that despite paying Rs 29,57,049 to the builder, the construction work had not begun, which led him to approach the NCDRC for relief.
The firm told the commission that the project was delayed, as the environment clearance for it was received only in 2014. It also cited other reasons such as shortage of labour, raw materials, denial of permission to use groundwater and recession in the global economy. The Commission said that the claim that there was a shortage of labour and raw materials due to the Commonwealth Games of 2010 was ‘wholly misplaced’ as the agreement for the apartment was in signed in 2011.