JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER

1.     The brief facts relevant for the disposal of the present consumer complaint are that the opposite party had floated a project namely ‘UNITECH HABITAT’ located at Plot no. 9, Sector Pi – II (Alistonia Estate), Greater Noida, District Gautam Budh Nagar, Uttar Pradesh. The complainants filled the application form on 13.06.2006 with the opposite party and paid a sum of Rs.6,50,000/- by way of cheque on 13.06.2006. The opposite party issued the receipt for the said amount on 16.06.2006 to the complainant. Thereafter the complainant issued further cheques on various dates on 24.01.2007, 25.06.2007, 15.10.2007, 04.12.2007, 04.02.2008, 03.03.2008, 02.06.2008, 01.09.2008, 01.12.2008 and 02.03.2009 to the opposite party and the opposite party issued receipts on 05.12.2007, 11.02.2008, 04.03.2008, 03.06.2008, 01.09.2008, 01.12.2008 and 02.03.2009 for the said amounts to the complainant.  Vide allotment letter dated 07.11.2006, the opposite party allotted the apartment no. 1001, 10^th Floor, HBTN – Tower 4^th in Unitech Habitat, Plot No. 9, Sector Pi II, Greater Noida, Gautam Budh Nagar, Uttar Pradesh to the complainant. It was also stated by the opposite parties that the possession of the flat would be handed over to the complainant within 36 months. The complainant paid the entire amount of Rs.65,52,333/- as demanded by the opposite party towards the said flat.

2.     The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 28.03.2017 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present consumer complaint. In the complaint the complainant has prayed for refund of Rs.65,52,333/- along with interest @ 18% per annum from the date of institution of the present complaint till realisation of the said amount.

3.     The opposite party was duly served of the complaint. However, despite service of notice upon them, no written statement was filed. The complainant led evidence by filing affidavit evidence.

4.     I have heard the arguments of the learned counsel for the complainant. None has appeared on behalf of the opposite party on 23^rd August 2018. During the course of the argument, learned counsel for the complainant states that he confines to his argument only to the directions which has been issued by this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17^th April 2018 and prays for no other relief.

5.     The complainant by way of an un-contradicted testimony has proved that the opposite party has entered into an agreement with the complainant and was supposed to hand over the apartment to the complainant within 36 months but despite the expiry of the said period the possession of the apartment was not handed over to the complainant. They have also stated that they have paid a total sum of Rs.65,52,333 /-  to the opposite party towards the cost of the apartment on various dates.

6.     Since the complainant has clearly stated that the opposite party has failed to hand over the apartment within the stipulated period, the opposite party has committed deficiency in service, and therefore, I allow the complaint.

7.     In view of the earlier stand of this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17^th April 2018, I allow the present consumer complaint with the following directions:

1. The opposite party shall refund the entire amount of Rs.65,52,333/- to the complainant within six weeks from today along with compensation of simple interest @ 10% per annum from the date of payment till the realisation of the amount.

2. The opposite party shall pay a sum of Rs.10,000/- as cost of litigation to the complainant.

8.     With these directions the present consumer complaint stands disposed of.