JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The learned counsel for the complainant states that this consumer complaint is covered by the decision of this Commission dated 14.07.2017 passed in CC No.679 of 2016 namely Residencies Flat Buyer Association Vs. M/s Unitech Limited. 2. This complaint u/s 12(1)(b) of the Consumer Protection Act has been instituted by a recognized consumer association consisting of as many as 53 allottees of residential flats in the project namely “The Residences” which the OP is developing in Sector-117 of Noida in Uttar Pradesh. The aforesaid 53 allottees booked flats on different dates starting from January 2011 and the last booking was made in May 2013. The parties entered into individual Buyers Agreement, the first agreement being dated 11.01.2011 and the last agreement being dated 04.10.2013. As per the Buyers Agreement, the possession was to be delivered within a period of three years from the execution of the Buyers Agreement. The grievance of the complainant is that though the last date stipulated for delivery of the possession has expired, the construction is nowhere near completion. Some of the flat buyers on whose behalf this complaint has been filed are present in the court and state that in fact only some excavation was made at the site and even that now has been filled, meaning thereby that there is no worthwhile construction on the spot. The case of the OP is that some of the towers have partly been constructed. It is however, not in dispute that the construction of the flats allotted to the persons on whose behalf this complaint is instituted is nowhere near completion. 3. The complainant has already filed affidavits of the flat buyers on whose behalf this complaint is instituted, by way of its evidence. Even otherwise, neither the allotment made to them nor the execution of agreement by them has been disputed by the OP. 4. In view of decision of this Commission in CC No.679 of 2016, the complaint is disposed of with the following directions: (i) The opposite party shall refund the entire amount received by it from 53 flat buyers named in Annexure ‘A’ on page 111-112, Part-I, Vol.I of the file of this Commission, along with compensation in the form of simple interest @ 10% p.a. from the date of payment till the date on which the entire amount along with compensation in terms of this order is paid. (ii) The OP shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant. (iii) The payment in terms of this order shall be made within three months from today. (iv) The payment shall be made directly to the concerned flat buyers by way of a demand draft/pay order in his/her/their name. | 
