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

           The complainants booked a residential flat with the OP in a project namely “Anthea Floors Wildflower Country”, which the OP is developing in Gurgaon and a flat bearing no. B-00-0180 in the aforesaid project was allotted to them, for a consideration of Rs.97,02,143/-.  The possession according to the complainants was to be delivered within 28 months of the execution of the Buyers Agreement which came to be executed on 18.07.2013.  The grievance of the complainants is that the possession of the flat was not offered to them despite the aforesaid commitment date having already expired long ago.  The complainants are therefore, seeking refund of the entire amount paid by them alongwith compensation etc. 

2.      In a consumer complaint filed u/s 12(1)(c) of the Consumer Protection Act, titled as ‘Rakhee Dey and Ors. Vs. Unitech Ltd.’, pertaining to allotment of residential flats in this very project namely “Anthea Floors Wildflower Country”, this Commission vide its order dated 31.07.2017, directed as under:

“The complaint is therefore, disposed of with the following directions:

1. The scope of this order is restricted to such of the allottees who are interested in seeking refund of the amount paid by them to the OP and have already not approached this Commission or any other Court or Forum for the redressal of his/her grievances.
2. The OP shall refund the entire amount taken from such of the allottees of the project namely ‘Anthea Floors Wildflower Country’, who are interested in taking refund of the amount paid by them to the OP alongwith compensation in the form of interest and have already not approached this Commission or any other Court or Forum for the redressal of their respective grievances. 
3. The OP shall pay to the allottees referred in (1) and (2) above, compensation in the form of interest @ 12% per annum, on the entire amount paid by them to the OP, from the date of each payment till the date the entire amount is refunded alongwith compensation in the form of interest in terms of this order.
4. The OP shall pay a sum of Rs.50,000/- as cost of litigation which shall be deposited with the Legal Aid Account of NCDRC, as requested by the learned counsel for the complainants.
5. The payment in terms of this order shall be made within three months from today.”

3.      In view of the provisions contained in Order 1 Rule 8 of the CPC, the benefit of the aforesaid decision of this Commission is available to the complainants as well.

4.      Therefore, in terms of the aforesaid order of this Commission dated 31.07.2017, the OP is required to refund the entire amount taken from the complainants alongwith compensation in the form of interest @ 12% per annum.  No further order therefore, needs to be passed in this complaint.  If the OP fails to make payment in terms of the aforesaid order dated 31.07.2017, it shall be open to the complainants to seek execution of the said order to the extent it pertains to them.  The Consumer Complaint stands disposed of.