APPEARED AT THE TIME OF ARGUMENTS

For the Complainants           :        Mr. Sudhir Mahajan. Advocate

For the Opposite Party          :        Mr. Babanjeet Singh, Advocate

ORDER

C. VISWANATH

1. In the Complaint Case, the Complainants had bookedresidential Flats/Apartments in the Opposite Party project Unihomes 3, Sector-113 Noidawith the Opposite Party. It is stated that as per Buyers Agreement, the Apartment was to be given in 30/36 months as per clause 5.A.(i) It is alleged by the Complainants that despite receiving substantial payment (95%) under the subvention scheme, the possession of the Apartmenthas not been given to the Complainants.

    

2. Alleging deficiency on the part of Opposite Party, Complainants filed a Complaint before this Commission under Section 21 of the Consumer Protection Act, 1986, prayingrelief as under:-

    

3. To direct the Opposite Party to immediately hand over the possession of the residential flats/Apartments in the complex “unihomes 3” in sector 113 Noidain a habitable and livable condition with all amenities or in the alternative

   Direct the Opposite Party to offer to Complainants an alternative property of same/similar specifications in the same locality of similar area/specifications as per clause 5D.  Default of Buyer’s Agreement in livable and habitable condition with all amenities, or in the alternative

    to return the amounts paid by the Complainants together with 18% p.a. interest on the amounts paid by the Complainants.

4. In case flat/Apartment is being offered by the Opposite Party;

5. Then, direct the Opposite Party to execute conveyance/lease/sublease of the flat/Apartment in favour of the Complainants and handover the physical possession of the flat/Apartment in a livable and habitable condition with all amenities.

6. Direct the Opposite party to pay the Complainants cost of funds @12% p.a. on the amounts paid by the Complainants, from committed date of possession till the date of actual physical handover of possession of flats/ Apartments in question in habitable and livable condition with all the amenities.

7. Direct the Opposite Party to pay an increase in service tax post the committed date of possession.

8. Cost of the Complaint.

9. To allow the reliefs sought in the above paragraphs.

10. To pass such further order or orders as this Hon’ble Commission deem fit and proper for granting complete relief to the Complainants.

11. Heard the Learned Counsel of the Complainants as well as the Opposite Party. Also carefully perused the record.

     

12. The Complainants have placed on record the order of the Co-ordinate bench i.e. CC//2622/2017 decided on 26.10.2018. The Complainants submitted that this matter is identical to the present case as it involves possession of flats in the same project. The Complainants submitted that they are ready to accept the same order as passed in CC/2622/2017 and Counsel for the Opposite party also has no objection to comply with the same order.

     

13. In view of the above, the Opposite Party is directed to refund the entire deposited amount so paid by the Complainants within six weeks from today along with simple interest @10% per annum from the date of payment of respective amounts till the realisation of the amount. The Opposite Party is further directed to pay a sum of Rs.10,000/- as cost of litigation to the Complainants.

     

14. With these directions the present Consumer Complaint stands disposed of.