JUSTICE V.K. JAIN, PRESIDING MEMBER

                The   learned counsel for the complainants submits that these matters are covered by the decision of this Commission dated 14.7.2017 in Consumer Complaint No. 679 of 2016 Residencies Flat Buyer Association & Ors. Vs. M/s. Unitech Ltd.  He further states on instructions that the complainants are restricting their claims to refund of the amounts paid by them along with compensation in the form of simple interest @ 10% per annum.

2.     The complainants in Consumer Complaint No. 477 of 2015 booked a residential flat with the opposite party Unitech Ltd. in the project namely ‘The Residences’ which the opposite party was to develop in Sector 117 of Noida in Uttar Pradesh.  Flat No. 1101 in Tower C-1 of the aforesaid project was allotted to them for consideration of Rs.76,45,067/-.  The possession of the flat was to be delivered within thirty-six months from the date on which the allotment was issued, the date of allotment being 31.1.2012.  The grievance of the complainants is that despite they having paid Rs.75,27,661/- to the opposite party, the possession was not offered to them.  The complainants are therefore, before this Commission, seeking refund of the amount paid by them, along with compensation.

2.     The complainants in Consumer Complaint No. 485 of 2015 also booked an apartment in the same project and flat No.0001 in Tower C-2 of the said project was allotted to them for a consideration of Rs.78,21,369/-.  The allotment to them was made on 24.7.2012 and in their case also the possession was to be delivered within three years from the date of allotment.  They also have paid a sum of Rs.77,84,792/- to the opposite party but possession has not been offered to them.  Therefore, they are before this Commission, seeking refund of the amount paid by them, along with compensation etc.

3.     The complaint has been resisted by the opposite party, which has admitted the allotments made to the complainants as also the amount received by them.  It is also not in dispute that the possession was to be delivered within three years from the date of allotment and that the same has not been offered to the complainants.  It is also not disputed that the construction of the flats is not complete even till today, though some towers are stated to have been partly constructed. 

4.     The grounds on which these complaints have been resisted by the opposite party have already been rejected by this Commission in Residencies Flat Buyers Association Vs. M/s. Unitech Limited (supra), which to extent it is relevant reads as under:

        “3.      The complaint has been resisted by the OP which has alleged that the delay was caused on account of circumstances beyond its control such as agitation by farmers in Noida and Greater Noida and filing of writ petitions by the farmers before the Hon’ble High Court of Allahabad.  The OP, however, has not disputed the allotment made to the above-referred 43 flat buyers.

4.      The grounds on which this complaint has been opposed have repeatedly been rejected by this Commission in a large number of consumer complaints and, therefore, need not be dealt with again. Suffice it to say that there is no evidence to prove that construction of the flats allotted to the above-referred 43 flat buyers has been delayed on account of circumstances beyond the control of the OP. More importantly, even today, when more than 3 years have already expired from the date stipulated for commencement of possession, the completion of the construction is nowhere in sight and the OP is not in a position to give any particular time frame for completion of the said flats and offering their possession to the aforesaid 43 flat buyers.

5.      Clause 5 (D) of the Agreement executed between the OP and the flat buyers reads as under:-

“If for any reason the Developer is not in a position to offer the allotted Apartment, the Developer shall offer the Allottee(s) an alternative property or refund the amount paid by the Allottee(s) with Simple Interest @ 10% per annum without any further liability to pay damages or compensation of any kind whatsoever.”

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

1. The opposite party shall refund the entire amount received by it from 43 flat buyers named in Annexure ‘A’ on page 88-89, Part-I, Vol.I of the file of this Commission, along with compensation in the form of simple interest @ 10% p.a. from the date of payment till the date on which the entire amount along with compensation in terms of this order is paid.
2. The OP shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant.
3. The payment in terms of this order shall be made within three months from today.
4. The payment shall be made directly to the concerned flat buyers by way of a demand draft/pay order in his/her/their name.

5.     Since the complainants are restricting their claim to refund of the amount paid by them along with compensation in the form of contractual interest @ 10% per annum, the complaints are disposed of with the following directions:

(i)     The opposite party shall refund to the complainants in Consumer Complaint No.477 of 2015 the entire amount of Rs.75,27,661/- along with compensation in the form of simple interest @ 10% per annum from the date of payment till the date on which the entire amount, along with compensation in terms of this order is paid;

(ii)    The opposite party shall refund to the complainants in Consumer Complaint No.485 of 2015 the entire amount of Rs.77,84,792/- along with compensation in the form of simple interest @ 10% per annum from the date of payment till the date on which the entire amount, along with compensation in terms of this order is paid;

(iii)   The opposite party shall pay a sum of Rs.10,000/- as cost of litigation in each complaint;

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