Realtor to refund consumer Rs 1.63 Lakh

Chennai: Holding it a deficiency in service, the District Consumer Disputers Redressal Forum, Chennai (south), has directed realty major Unitech Ltd to refund Rs 1,63,395 to a person who failed to secure a plot from the firm in 2010.

The forum also directed the real estate giant to pay him a compensation of Rs10,000 for causing him mental agony, and costs of Rs 5,000.

In the petition, Anba­z­h­agan of Chromepet, re­p­­resented by his power ag­ent M. Mani, submitted that on seeing an advertisement, he had booked a plot for a cost of Rs 18.76 lakh. Counsel for the petitioner M.S. Rajagopalan contended that Anba­zhagan paid an advance of Rs 1,63,395 to Unitech on January 18, 2010.

Despite repeated dema­n­ds, the firm did not give him documents to verify le­gal aspects of the land. Finally, when he received the papers, he noticed several lapses.

Soon, he sent a legal notice to the firm, seeking repayment of the advance amount.

Howe­v­er, Unitech neither replied nor repaid the advance amount to him.

Even after agreeing to return the advance, the firm had not done so. He contended that the act amounted to deficiency in service.

Counsel for the firm T.V. Sekar replied that Anbazhagan had accepted the terms and conditions for registration of provisional allotment of the plot in Aspen Greens, Nallambakkam.

“If the intending allottees fail to pay any instalment with interest within 90 days from the due date, the company may cancel the allotment and forfeit the entire earnest amount and the allottees shall be left with no right on the said plot,” the counsel added.

He further argued that the matter comes under the jurisdiction of a civil court.

He denied that there was deficiency in service.

The bench, comprising president V. Gopal and member L. Deenadayalan, directed Unitech to refund the Rs 1,63,395 along with an interest of 9 per cent per annum from the date of payment till realisation. The bench also directed the company to pay him compensation of Rs 10,000 for causing him mental agony and costs of Rs 5,000. The amount shall be payable within six weeks.