JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL) CC/770/2017 The complainant namely Pradeep Gupta, booked a residential flat with the opposite party in a project namely ‘Burgundy’ which the opposite party was to develop in Sector-96, 97 and 98 of Noida. Flat No.0702 in Tower-5 was allotted to him. As per terms and conditions of the allotment, the possession for fit out and interior was to be offered within thirty months of the receipt of duly signed terms and conditions by the allottee. The terms and conditions being dated 23.8.2012 the possession ought to have been delivered by 23.2.2015. The grievance of the complainant is that the possession has not been delivered to him despite he having already paid a sum of Rs.60,89,990/- to the opposite party. The complainant is therefore before this Commission, seeking refund of the entire amount paid by him, along with compensation in the form of interest etc. 2. The opposite party did not file written version despite service of notice and therefore, its right to file the written version as closed vide order dated 25.1.2016. CC/771/2017 3. The complainants namely Amarjeet Singh Bhattal and Ms. Narinder Kaur Bhattal, booked a residential flat with the opposite party in the project ‘Burgundy’ and Flat No.0702 in Tower-4 was allotted to them. As per terms and conditions of the allotment, the possession for fit out and interior was to be offered within thirty months of the receipt of duly signed terms and conditions by the allottee. The terms and conditions being dated 08.5.2012, the possession ought to have been delivered by 08.11.2014. The grievance of the complainant is that the possession has not been delivered to them despite they having already paid a sum of Rs.1,00,45,806/- to the opposite party. The complainants are therefore before this Commission, seeking refund of the entire amount paid by him, along with compensation in the form of interest etc. 4. The opposite party did not file written version despite service of notice and therefore, its right to file the written version as closed vide order dated 25.1.2016. CC/772/2017 5. The complainants namely Harvinder Singh Sidhu and Ms. Parvinder Kaur Sidhu, booked a residential flat with the opposite party in the same project namely ‘Burgundy’ and Flat No.0402 in Tower-4 was allotted to him. As per terms and conditions of the allotment, the possession for fit out and interior was to be offered within thirty months of the receipt of duly signed terms and conditions by the allottee. The terms and conditions being dated 17.5.2012, the possession ought to have been delivered by 17.11.2014. The grievance of the complainant is that the possession has not been delivered to them despite they having already paid a sum of Rs.1,06,71,942/- to the opposite party. The complainants are therefore before this Commission, seeking refund of the entire amount paid by them, along with compensation in the form of interest etc. 6. The opposite party did not file written version despite service of notice and therefore, its right to file the written version as closed vide order dated 25.1.2016. CC/783/2017 7. A residential flat in the project namely ‘Burgundy’ which the opposite party was to develop in Sector-96, 97 and 98 of Noida was booked by one Shantanu Nagpal and flat No. 2701 in Tower-2 was allotted to him. The said allotment was thereafter, purchased by the complainants from Mr. Shantanu Nagpal with the approval of the opposite party. As per terms and conditions of the allotment, the possession for fit out and interior was to be offered within thirty months of the receipt of duly signed terms and conditions by the allottee. The terms and conditions being dated15.11.2010, the possession ought to have been delivered by 15.5.2013. The grievance of the complainant is that the possession has not been delivered to them despite a sum of Rs.3,00,87,578/- having already been paid to the opposite party. The complainants are therefore before this Commission, seeking refund of the entire amount paid by them, along with compensation in the form of interest etc. 8. The opposite party did not file written version despite service of notice and therefore, its right to file the written version as closed vide order dated 25.1.2016. 9. The learned counsel for the complainants, on instruction states that in order to avoid further litigation, the complainants are restricting their claim to refund of the entire principal amount, along with contractual compensation in the form of simple interest @ 10% per annum in terms of para 5a(vi) of the terms and conditions of allotment. 10. The complaints are therefore disposed of with the following directions: (i) In Consumer Complaint No.770 of 2015, the opposite party shall refund the entire principal amount of Rs.60,89,990/- received from the complainant along with compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date on which the entire principal amount along with compensation in the form of interest is actual paid. (ii) In Consumer Complaint No.771 of 2015, the opposite party shall refund the entire principal amount of Rs.1,00,45,806/- received from the complainants along with compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date on which the entire principal amount along with compensation in the form of interest is actual paid. (iii) In Consumer Complaint No.772 of 2015, the opposite party shall refund the entire principal amount of Rs.1,06,71,942/- received from the complainants along with compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date on which the entire principal amount along with compensation in the form of interest is actual paid. (iv) In Consumer Complaint No.783 of 2015, the opposite party shall refund the entire principal amount of Rs.3,00,87,578/- received from the complainants along with compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date on which the entire principal amount along with compensation in the form of interest is actual paid. (v) The opposite party shall also pay a sum of Rs.25,000/- as the cost of litigation in each complaint. (vi) The payment in terms of this order shall be paid within three months from today. | 
