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Chandigarh: Unitech asked to refund Rs 41 lakh

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2. Chandigarh: Unitech asked to refund Rs 41 lakh

The Sonis demanded a refund of the entire amount of Rs41 lakh, along with interest at the rate of 24% per annum, compounded from the respective dates of deposit, until the realization of that amount.

The State Consumer Disputes Redressal Commission, Chandigarh, directed Unitech Limited, Real Estate Division, to refund Rs41 lakh i.e. price of the flat, Rs3.50 lakh compensation for harassment, and Rs11,000 for litigation to Gurdeep Singh Soni and Jasvinder Kaur Soni, residents of Kanpur, through GPA holder GK Jain, a resident Sector 15, Chandigarh, for not handing over the flat within the time limit.

The Sonis demanded a refund of the entire amount of Rs41 lakh, along with interest at the rate of 24% per annum, compounded from the respective dates of deposit, until the realization of that amount. They stated in the complaint that they, as husband and wife, applied for the allotment of a flat in Uniworld City — a mega project to be developed by the opposite parties in Sectors 97, 106, and 107, Mohali, by moving an application, along with an amount of Rs3.80 lakhs.

They were allotted a flat in Gardens of the mega project in 2011 for a total price of Rs41 lakh. They had already paid an amount of Rs41 lakh by 2013 against that price, and the balance amount was to be paid at the time of offer of possession. The Apartment Allotment Agreement was executed in their favour by Unitech in 2011, and as per the clause, possession of the flat was to be offered to them within 36 months of the date of execution. However, Unitech failed to complete the project and deliver the possession of the flat to them. They continued to take up the issue of timely possession with the builder, but to no avail.

Ultimately, they sent a notice in 2015 under registered cover, but the possession was not offered. When they visited the spot, they found there was no development at all. All these acts on the part of the Unitech amounted to deficiency in service and indulging in unfair trade practice, stated the court. After the complaint was admitted, and the complainants (Sonis) were permitted to proceed with the same, notices were issued to Unitech. To prove the allegations made in the complaint, the Sonis provided Gurdeep’s affidavit and some other documents.

The court directed Unitech to refund an amount of Rs41 lakh with interest at the rate of 12% per annum from the date of payment of different amounts until the realization, and a compensation of Rs3.50 lakh for the harassment and mental agony suffered by them, besides Rs11,000 as litigation expenses.

Source: economictimes.

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