The commission noted that Unitech has committed deficiency in service (Representational)

The Delhi State Consumer Commission has observed that homebuyers cannot be expected to wait indefinitely for the possession of flats and directed real estate firm Unitech to refund over Rs 33 lakh to a resident.

It directed Unitech to refund Rs 33.59 lakh paid by Delhi resident Surhid Bhandari within 45 days along with simple interest at 10 per cent per annum for the seven-year delay in handing over the possession of the apartment.

The commission noted that Unitech has committed deficiency in service and also indulged in unfair trade practice by not completing the construction despite receiving substantial amount from Mr Bhandari.

"It stands established that the construction of the unit in question is not near completion yet and the period of about seven years is already over. The opposite party (Unitech) has retained hard earned money of the complainant," Presiding member of the commission Salma Noor said.

"There is no dispute that Unitech has failed to construct and deliver the possession of the flat till today. The complainants cannot be expected to wait for possession of the flat for an indefinite period," said the commission.

According to Mr Bhandari's complaint, he had applied for an apartment in Unitech's project named ''The Residences'' in 2012 opting for a construction linked installment plan.

He had paid Rs 33.59 to Unitech till January, 2013. However, since then he did not receive any communication regarding progress of the project.

Mr Bhandari alleged that Unitech did not give any response to his repeated attempts to seek update on the project.

He said that even after receiving substantial payment till January, 2013, Unitech played a deliberate fraud upon him by misrepresenting and giving false assurances about launching of their real estate project.

Mr Bhandari also issued a legal notice to the builder to which no reply was given.