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The National Consumer Disputes Redressal Commission in Rama Sahadev v Unitech Reliable Projects Pvt Ltd. has directed Unitech to refund the full principal amount of Rs.54,73,369/- with Simple Interest of 10% along with cost of litigation set at Rs. 25,000/- within 3 months.

Presiding Member, Justice V.K. Jain, in the absence of a written version from Unitech, relied on the Commission’s several prior decisions dated between 2015 and 2017 against the same builder on complaints by other such homebuyers.

On material facts, the possession ought to have been offered by May, 2010. Even after full payment been made and lapse of the deadline, an alternative flat, as promised in the agreement, was not provided to Rama Sahadev, nor was the amount refunded.

Justice Jain also stated that pecuniary jurisdiction is not in issue not only because of want of written version of Unitech but also because of the same being already settled in Neha Suri v M/s Unitech Reliable Projects dated 4th January 2017 where the facts fell squarely into the precedent.

–India Legal Bureau

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