JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)

The complainants booked a residential flat with the opposite party in a project namely ‘Unitech South Park’ which the said opposite party is developing in Sector 70 of Gurgaon.  Flat No.1102 in Block D-2 was allotted to them for a total consideration of Rs.1,27,93,706/-.  A sale agreement was then executed between the parties on 08.4.2013, incorporating their respective obligations. In terms of Clause 4a of the said agreement, the possession was to be delivered within thirty six months of its execution, meaning thereby that the flat ought to have been delivered by 08.4.2016.  The grievance of the complainants is that the possession of the flat has not been offered to them despite they having paid a sum of Rs.54,34,710/- to the opposite party.  The complainants are therefore, before this Commission, seeking possession of the flat allotted to them, or in the alternative refund of the amount paid by them along with compensation in case immediate possession s not offered.  They are also seeking compensation quantified at Rs.10,00,000/-.

2.      The opposite party did not file its written version and the right of the opposite party to file the said written version was closed vide order dated 26.4.2017.  I have heard the learned counsel for the complainants and have considered the affidavits filed by the complainants by way of evidence.

3.        The learned counsel for the complainant submits that the matter is covered by previous decision of this Commission including its decision dated 07.11.2017 in Ashok Mittal Vs. M/s. Unitech Ltd., Consumer Complaint No.1904 of 2016 and connected matters, as well as several other decisions such as CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s. Unitech Ltd. & 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 Ltd., Consumer Complaint No.603 of 2014 and connected matters, decided on 02.5.2016.

4.      The learned counsel for the complainants states on instructions that in order to avoid further litigation in the matter the complainants are restricting their claim to the refund of the entire principal amount paid by them, along with compensation in the form of simple interest @ 10% per annum in terms of clause 4a of the Buyers Agreement.