JUDGMENT HON’BLE MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) 1. The complainants booked a residential unit with the OP in a project namely Sahara City Homes, which the OP was to develop in Lucknow. The OP issued an allotment letter dated 05.12.2012 to the complainants allotting Unit No. S4/7 admeasuring 292.81 sq. mtrs. with a plot area of 278.90 sq. mtrs. and terrace area of 163.79 sq. mtrs. to them for a total consideration of Rs.1,25,00,000/-. The possession was proposed to be delivered within 18 months from the date of allotment i.e. on or before 05.06.2014. The complainants have already paid a sum of Rs.1,27,78,434/- to the OP but the possession of the residential unit has not been offered to them. Being aggrieved, the complainants are before this Commission seeking refund of the amount paid by them alongwith compensation in the form of interest @ 18% per annum in addition to compensation for the mental agony and harassment suffered by them on account of the aforesaid act of the OP. 2. On admission of this complaint on 28.04.2016, notice was issued to the OP for 11.07.2016. The said notice was served upon the OP on 30.05.2016. However, neither the written version was filed nor any one appeared for the OP when this matter was taken up on 11.07.2016. The OP was therefore, proceeded exparte in this complaint. The complainants have already filed their affidavit by way of evidence, on 27.07.2016. 3. A perusal of the registration letter dated 16.04.2012 would show that the unit in question was booked by the complainants vide application dated 19.03.2012, for a consideration of Rs.1,25,00,000/-. The allotment letter dated 05.12.2012 was thereafter issued to the complainants, promising possession of the unit within 18 months from the date of allotment. The receipts filed by the complainants, evidence payment of Rs.1,27,78,434/- to the OP. The possession of the unit booked by the complainants having not been offered to them, the OP is clearly deficient in rendering services to the complainants. As a result of the aforesaid deficiency on the part of the OP in rendering services to them, the complainants are entitled to refund of the payment made by them to the OP alongwith appropriate compensation in the form of interest or otherwise. 4. Considering all the facts and circumstances of the case, including the interest rates prevalent at the relevant time, the complaint is disposed of with the following directions: (1) The OP shall refund the entire amount of Rs.1,27,78,434/- received from the complainants to them within three months from today alongwith compensation in the form of interest @ 9% per annum from the date of each payment till the date on which the entire amount alongwith compensation in terms of this order is refunded. (2) The OP shall pay a sum of Rs.10,000/- as the cost of litigation, to the complainants. |
