Home buyers cannot be made to wait indefinitely: Delhi Consumer Commission

The Delhi State Consumer Commission has observed that home buyers cannot be expected to wait indefinitely for possession of flats after making payments.

The observation came after it asked real estate giant Unitech to refund over Rs 9 lakh to a Gurgaon-based home buyer for failing to hand over the possession of an apartment.

It directed Unitech to refund Rs 9,79,326 lakh paid by Gurgaon resident Ravinder Midha within 45 days along with simple interest at 10 per cent per annum for the six year delay in handing over the possession of the apartment.

The commission noted that Unitech failed to construct and deliver possession of the flat even after six years despite taking payment for it, thereby "indulging in unfair trade practice" and "retaining the hard-earned money" of the buyer.

"The opposite party (Unitech) is not in a position to offer possession of the flat, it shall be liable to refund the amount with simple interest of 10 per cent per annum (from the date of payment by the purchaser) without any further liabilities," the commission's presiding member Justice Veena Birbal and member Salma Noor said.

"There is no dispute that Unitech has failed to construct and deliver the possession of the flat till today," they said.

"The complainants cannot be expected to wait for possession of the flat for an indefinite period," they added.

According to Midha's complaint, he had booked a 2BHK flat in Unitech's 'Unihomes' project on May 21, 2011 for Rs 23,80,824, out of which he had paid Rs 9,79,326.

He said even after receiving substantial payment, Unitech failed to deliver the possession of the flat to him and he is presently staying in a rental apartment.

Midha also issued a legal notice in 2017 to the builder to which no reply was given.

In his complaint, he alleged that the project, which is a multi-tower complex, is yet to be completed and none of the flat buyers, including him, has been offered possession.