JUSTICE V.K.JAIN, (ORAL) The complainants booked a residential flat with the OP in a project namely ‘Unitech Verve’ which the OP was to develop in Greater Noida in U.P. A flat bearing No. 1801 in Tower-6 of the aforesaid project was allotted to the them for a total consideration of Rs.5479479/-, vide allotment latter dated 12.1.2008. The possession was to be delivered within 27 months thereof, meaning thereby that the possession ought to have been delivered by 12.4.2010. The grievance of the complainants is that the possession has not been delivered to them despite they having already paid Rs.52,36,514/- to the opposite party. The complainants are, therefore, before this Commission seeking refund of the entire amount paid by them along with compensation etc. 2. The OP did not file the written version despite service and its right to file the said written version was closed vide order dated 14.01.2016. I have heard the learned counsel for the parties and have gone through the affidavit filed by the complainants by way of evidence. 3. The learned counsel for the complainants submits that the matter is covered by several previous decisions of this Commission, including the order dated 5.12.2017 in Consumer Complaint No. 253 of 2017 - Sanjiv Razdan Vs. Unitech Reliable Projects Pvt. Ltd. and onsumer Complaint No.1487 of 2016 - Kiran Agarwal Vs. Unitech Reliable Project Pvt. Ltd. decided on 31.08.2017. He further requests that the complaint may be disposed of by passing the same order which this Commission had passed in the above-referred matters. The complaint is disposed of with the following directions:- (i) The opposite party shall refund the entire amount of Rs.52,36,514/- received from the complainants along with compensation in the form of simple interest at the rate of 10% p.a. from the date of each payment till the date on which the aforesaid amount alongwith compensation in terms of this order is refunded. (ii) The OP shall also pay a sum of Rs.25,000/- as cost of litigation to the complainants. (iii) The payment in terms of this order shall be made within three months from today. |