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COMPLAINTS FILED UNDER THE CONSUMER PROTECTION ACT, 1986

 
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  Vishal Arya v. Unitech Limited (Complaint No. 9/322) - In this case, the Complainant was aggrieved by the inordinate delay caused in the completion and possession of his flat booked with Unitech Limited (OP). The Complainant in the case had deposited the entire amount of the flat with the Unitech Limited and also executed the Agreement according to which the possession of the flat was assured by March 2009. However, to the utter dismay of the Complainant no construction of the flat had been started and its possession was not possible even by December, 2009. Hence, the Complainant prayed before the State Commission for immediate delivery of the flat or refund of the entire amount alongwith interest and litigation charges. In reply, the Unitech Limited contended that the delay was caused by force majure circumstances which was beyond the control of Unitech Limited.

In view of the facts and circumstances, the Commission was of the view that there was a sheer deficiency in the services of the Unitech Limited and they were only enjoying the fruits of the deposited amount. Thus, the State Commission was of the view that the Complainant suffered mental agony and harassment. Hence, the Commission directed the Unitech Limited to refund the entire amount alongwith interest @10% pa and was also directed to pay Rs. 2.50 lac as compensation to the Complainant for mental agony.

The aforesaid laws and legal provisions have been formulated to adequately protect the interests of consumers in the real estate sector and the Real Estate Bill would further strengthen the position of the consumer in the real estate segment and will also aid in mitigating his fears while making an investment in a real estate project.

For more information on Real Estate Law in India please write to us at: info@ssrana.com
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