JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The cost has not been paid by the OP. As a result, the delay in filing the written version does not stand condoned. The right of the OP to file the written version therefore, stands closed. 2. The learned counsel for the complainant states that these matters are covered by earlier decisions of this Commission including the decision in CC No.244 of 2015 Brajesh Kumar Sengar & Anr. Vs. M/s Unitech Ltd. & Anr. decided on 04.01.2017 and CC No.476 of 2014 Satish Dhingra & Anr. Vs. M/s Unitech Ltd. & Anr. and connected matters decided on 14.02.2017. 3. The complainant in CC No. 2073 of 2016 had booked a residential flat in the project namely “Fresco” which the OP had to develop in Nirvana Country, Gurgaon and a flat bearing no. 0002 in Tower No. 17 was allotted to him for a consideration of Rs.1,01,73,080/-. The possession was to be delivered by third quarter of 2011 in terms of clause 4(a) of the agreement executed between the parties on 25.11.2010. The grievance of the complainant is that despite he having already paid Rs.1,01,73,080/- to the OP, the possession has not been delivered to him. The complainant is therefore, before this Commission seeking possession of the aforesaid flat alongwith compensation etc. 4. The complainant in CC No.2074 of 2016 namely Rahul Gautam also booked a residential flat in the aforesaid project and flat bearing no. 0003 in Tower No. 17 was allotted to him for a consideration of Rs.1,14,47,043/-. As per clause 4.a of the Buyers Agreement executed between the parties on 17.02.2012, the possession was to be delivered within 12 months of the execution of the said agreement. The grievance of the complainant in this matter is that despite he having already paid Rs.1,13,69,881/-, the possession has not even been offered to him. He is also before this Commission, seeking possession of the aforesaid flat alongwith compensation etc. 5. The learned counsel for the complainants states that in order to avoid further litigation in the matters, the complainants are restricting their claim for compensation to simple interest @ 8% per annum from the committed date of possession. 6. In view of the decisions of this Commission in Brajesh Kumar Sengar & Anr. (supra) and Satish Dhingra & Anr. (supra), the complaints are disposed of with the following directions: The OP shall deliver possession of the flat in question to the complainants, complete in all respects and free from any defect, after the Occupancy Certificate in respect of the said flat is received by it, and in any case on or before 30.06.2018. The OP shall pay compensation in the form of simple interest @ 8% p.a. from the committed date of possession till the date on which the possession in terms of this order is offered to them, to the complainants, while offering possession in terms of this order; The balance amount payable by the complainants after excluding the stamp duty shall be adjusted by the OP while offering possession to the complainants in terms of this order. The stamp duty will be paid by the complainants directly to the concerned revenue authority; The opposite party shall also pay a sum of Rs.10,000/- as costs of litigation to the complainants.
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