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

The complainants in these matters booked residential apartments with the OP in a project namely ‘Unitech South Park’ which the OP was to develop in Sector-70 of Gurgaon.  The parties entered into a bilateral agreements incorporating their respective obligations as per clause 4.a of the agreement, the possession was to be delivered within 36 months from its execution.  The grievance of the complainants in CC No. 27 of 2017, CC No.1483 of 2016 and CC No.1625 of 2016 is that despite they having paid almost 95% of the agreed consideration, the possession of the flat has not been offered to them and in fact the construction is nowhere near completion.  The complainant in CC No.1890/2016 was to make payment in terms of construction linked plan and claims to have already paid more than 67% of the agreed sale consideration to the OP.  The complainants are therefore, before this Commission seeking refund of the entire amount paid by them alongwith compensation in the form of simple interest. 

2.      The complaints have been resisted by the OP on the ground which this Commission has repeatedly rejected in a number of consumer complaints including CC No.1407/2015 Aakriti Jain Vs. M/s Unitech Limited and connected matters decided on 01.06.2017.  The decision of this Commission in Aakriti Jain (supra) was based upon its earlier decision in CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s Unitech Limited & 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 Limited, Consumer Complaint No.603 of 2014 and connected matters, decided on 02.05.2016. 

3.      The learned counsel for the complainants state on instructions that in order to bring the litigation to a closure, the complainants are restricting their claim in these complaints to refund of the entire amount alongwith compensation in the form of interest @ 10% per annum in terms of clause 4.e of the Buyers Agreement.  The complaints are therefore, disposed of with the following directions:

(i)     In CC No.1483 of 2016, the OP shall refund the amount of Rs.74,50,169/- to the complainants alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainants along with compensation in terms of this order is actually paid.

(ii)       In CC No.1625 of 2016, the OP shall refund the amount of Rs. 74,50,169/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid.

(iii)      In CC No.1890 of 2016, the OP shall refund the amount of Rs.63,68,735/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid.

(iv)      In CC No.27 of 2017, the OP shall refund the amount of Rs.72,03,996/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount payable to the complainant along with compensation in terms of this order is actually paid.

(v)      The OP shall also pay Rs.10,000/- each as the cost of litigation in each complaint.

(vi)     The payment in terms of this order shall be made within three months from today.