The brief facts as stated in the Complaint are that the Complainants applied for allotment of an Apartment in the Group Housing Complex called ‘Unitech Horizon’ at plot No.6, Sector Pl-2, Alistonia Estate, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh. On 08.05.2006, the Allotment Letter was issued for Apartment No. 1401 having super area of 1705 sq. ft.  in the 13^th floor of tower No. 23 in the said Group Housing Complex. It is averred that on the assurance of the staff of the Opposite Party, that advance time linked payment plan was the best available payment option, the Complainants opted for the same. The total sale consideration was ₹48,57,505/- out of which  the Complainants paid a sum of ₹4,56,087/- as earnest money to the Opposite Party. It is stated that as per Clause 4(a) of the Allotment Letter, the Complainants were assured that the possession of the Apartment would be delivered by 15^th November, 2008.

2.     In pursuance to the Allotment Letter and the demand letters issued by the Opposite Party from time to time, by 2008, the Complainants paid ₹46,44,451/- which amounts to 95% of the total sale consideration. When the second Complainant visited the site of the construction, he was shocked to see tower No. 23, which was incomplete in all respects and he was informed by the staff that it would take another 12 months for completion. It is pleaded that though the date of delivery of the possession was on 15.11.2008, on an enquiry he was informed that the Opposite Party would hand over the Apartment by 2010. Despite repeated requests from 2010 till the date of filing of the Complaint, the Complainants were never truly informed about the date of delivery of the possession and the said tower No. 23 remained incomplete. Vexed with the attitude of the Opposite Party, the second Complainant sent a letter dated 09.03.2017, seeking delivery of possession, for which there was no reply.  It is pleaded that as per Clause 2(c) of the Allotment Letter, interest rate @ 18% p.a compounded quarterly was liable to be charged in case of any delay in payment of any demand by the Complainants, hence for the delay committed by the Opposite Party they should also be made liable to pay an amount of ₹73,56,730/- towards interest at 18% p.a. calculated from the respective date of payments made by the Complainants. It was further stated that if the interest is calculated at simple interest @ 12% p.a. from the respective dates of deposits, the quantum of compensation added to the value of goods and services  would exceed rupees one crore.

3.     Hence, the Complainants approached this Commission seeking direction to the Opposite Party  to pay sum of ₹1,20,01,181/-, which is inclusive of the principal amount of ₹46,44,451/- and interest amount of  ₹43,56,730/- calculated at 18% p.a.

Or

        In the alternative, there is a prayer to direct the Opposite party to complete the construction of the Apartment within a period of 6 months together with interest @ 18% p.a.  for the delayed period  in possession along with compensation of rupees one crore.

4.     This Complaint was admitted on 20.04.2017, subject to just exceptions and notice was issued to the Opposite Party returnable for 09.08.2017. In the notice it was specifically mentioned that Opposite Party to file Written Version within a maximum period of 45 days. When the matter was called out twice on 09.08.2017, no one put in appearance on behalf of the Opposite Party even Written Version not filed. Hence, the Opposite Party was proceeded ex parte and its right to file Written Version also was closed. Thereafter, the Complainants filed their affidavit of evidence and exhibits CW-1/A to CW-2/F were marked on their behalf and completed the pleadings. Even on 07.11.2017 when the matter was posted, none appeared for the Opposite Party, and the matter was listed for final disposal today.

5.     Heard learned Counsel for the Complainants at length.

6.     Learned Counsel brought to my notice that similar Complaints which were disposed of by this Commission against the same Opposite Party, refund of the principal amount with simple interest @ 10% p.a. from the respective dates of deposit till the date of realisation together with costs of ₹10,000/- was awarded.

7.     It is observed from the record that the Allotment Letter dated 08.05.2006, clearly stipulates that the total sale consideration is ₹48,57,505/-. Clause 4(a) specifying the terms of possession reads as follows:

“That the possession of Apartment is proposed to be delivered by the Company to the Allottee(s) by 15^th November, 2008 subject to Force Majeure circumstances beyond the control of the Company, and upon registration of Lease Deed/ Sub Lease Deed/ Tripartite Deed, provided all amounts due and payable by the Allottee(s) as provided herein   have been paid to the Company. It is, however, understood between the parties that various Blocks/ Towers comprised in the Complex shall be ready and completed in phases and after the completion, the Apart+ments will be handed over to the respective allottee(s) of different towers.”

Clause 4 (e) of the terms Allotment Letter specifying the position of the company in terms of Default reads as follows:

           “If for any reason Company is not in a position to offer the Apartment altogether, the Company shall offer the Allottee(s) an alternative property or refund the amount in full with Simple interest @ 10% per annum without any further liability to pay damages or any other compensation on this account.”

7.     In a similar batch of Consumer Complaint Nos. 1252 and 1253 of 2016 vide order dated 30.06.2017 and in Consumer Complaint No. 2362 of 2017 vide order dated 22.03.2018, this Commission has directed for refund of the amount paid by the Complainants to the Opposite Party with simple interest @ 10% p.a. from the respective dates of deposit till the date of realisation as stipulated in Clause 4(e) of the Agreement. It is also pertinent to note that though 10 years has lapsed, the Opposite Party could not complete the construction and therefore the situation is squarely covered by clause 4(e) of the Allotment Letter.

8.     In the result, this Complaint is allowed in part directing the Opposite Party to refund the amounts deposited by the Complainants with them with simple interest @ 10% p.a. from the respective dates of deposit till the date of realisation together with costs of ₹10,000/- to be paid to each of the Complainants. These amounts are directed to be paid within four weeks from  the date of receipt of the order, failing which, the amount shall attract interest @ 12% p.a. instead of 10% p.a.