JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainants in these matters booked residential apartments with the OP in a project namely “Unitech South Park” which the OP was to develop in Sector-70 of Gurgaon. After allotment of individual flats to the complainants, the parties entered into bi-lateral agreements incorporating their respective obligations. As per clause 4.a of the said agreements, the possession was to be delivered within 36 months from the execution of the said agreements. The following are the particulars of the allotments made to the complainants: CC No. | Flat No. | Date of Buyers Agreement | Total agreed consideration | Payment made by the complainant | Client ID No. | CC/1904/2016 | B-3/704 | 20.05.2011 | 1,06,98,643.20 | 30,07,619/- | USP- 0280 | CC/1905/2016 | B-1/604 | 12.10.2011 | 1,07,73,492/- | 45,55,033/- | USP- 0461 | CC/1906/2016 | C-2/303 | 12.10.2011 | 1,07,73,492/- | 36,62,970/- | USP- 3894 | CC/1907/2016 | C-2/103 | 08.09.2011 | 1,08,37,387/- | 35,47,769/- | USP- 0438 | CC/1977/2016 | A-2/204 | 20.06.2011 | 1,10,00,976/- | 30,47,467/- | USP- 0384 | CC/1978/2016 | C-2/904 | 20.06.2011 | 1,09,39,824/- | 42,91,010/- | USP- 0385 | CC/465/2017 | A-2/1402 | 25.08.2012 | 92,81,527/- | 52,83,948/- | USP- 0550 |
The grievance of the complainants is that despite they having made aforesaid substantial payment to the OP, the possession of the flats has not been delivered to them. Therefore, they are before this Commission seeking refund of the entire amount paid by them alongwith compensation in the form of interest. 2. The complaints have been resisted by the OP on the ground which this Commission has repeatedly rejected in a number of consumer complaints including CC No.1407/2015 Aakriti Jain Vs. M/s Unitech Limited and connected matters decided on 01.06.2017. The decision of this Commission in Aakriti Jain (supra) was based upon its earlier decision in CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s Unitech Limited & Anr. and connected consumer complaints, Ravikant Bhatt Vs. M/s Unitech Ltd. – CC No.1232 of 2015 decided on 22.9.2016 and Cap. Gurtaj Singh Sahni Vs. Unitech Limited, Consumer Complaint No.603 of 2014 and connected matters, decided on 02.05.2016. 3. The learned counsel for the complainants state on instructions that in order to bring the litigation to a closure, the complainants are restricting their claim in these complaints to refund of the entire amount alongwith compensation in the form of interest @ 10% per annum in terms of clause 4.e of the Buyers Agreement. The complaints are therefore, disposed of with the following directions: (i) In CC No.1904 of 2016, the OP shall refund the amount of Rs.30,07,619/- to the complainants alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainants along with compensation in terms of this order is actually paid. (ii) In CC No.1905 of 2016, the OP shall refund the amount of Rs.45,55,033/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (iii) In CC No.1906 of 2016, the OP shall refund the amount of Rs.36,62,970/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (iv) In CC No.1907 of 2016, the OP shall refund the amount of Rs.35,47,769/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (v) In CC No.1977 of 2016, the OP shall refund the amount of Rs.30,47,467/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (vi) In CC No.1978 of 2016, the OP shall refund the amount of Rs.42,91,010/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (vii) In CC No.465 of 2017, the OP shall refund the amount of Rs.52,83,948/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid. (viii) The OP shall also pay Rs.25,000/- each as the cost of litigation in each complaint. (ix) The payment in terms of this order shall be made within three months from today. |
