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 Sector Pi-ii of Greater Noida. Apartment No. 901 in Tower-4 was allotted to the complainants for a total consideration of Rs.6468060/-, vide allotment latter dated 21.3.2007. As per clause 4.a of the allotment letter, the possession was agreed to be delivered within 36 months thereof. The grievance of the complainants is that the possession has not been offered to them and the construction is nowhere near completion, despite they having already paid Rs.7042130/-. The complainants are, therefore, before this Commission seeking refund of the aforesaid amount paid by them along with compensation in the form of interest. 2. The OP did not file the written version and its right to file the same was closed vide order dated 03.05.2017. The complainant has filed affidavit by way of evidence which I have duly considered. 3. The learned counsel for the complainants further states on instructions that in order to avoid any further litigation in the matter, the complainants are restricting their claim to the refund of the entire amount paid by them alongwith compensation in the form of interest @ 10% per annum from the date of each payment till the date on which the entire amount along with compensation is refunded. The same relief was granted in several other consumer complaints including Consumer Complaint No.1487 of 2016 - Kiran Agarwal Vs. Unitech Reliable Project Pvt. Ltd. decided on 31.08.2017. The complaint is disposed of with the following directions:- (i) The opposite party shall refund the entire amount of Rs.7042130/- 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. |