JUSTICE V.K.JAIN (ORAL)

The complainants booked a residential flat with the opposite party in a project, namely, ‘Anthea Floors Wildflower Country’,  which the opposite party was to develop in Gurgaon. Vide allotment letter dated 5.11.2012, Flat No.F-02-0080 in the above-referred project was allotted to the complainants for a consideration of Rs.11115235/-. The parties then executed an agreement on 22.11.2012 incorporating their respective obligations in respect of the said allotment. As per Clause 4.a(i) of the agreement, the possession was proposed to be delivered to the complainant within 36 months of its execution. Therefore, the possession ought to have been offered to the complainants by 22.11.2015. The possession having not been offered to them despite they having already paid Rs.3744934/- to the opposite party, the complainants are before this Commission seeking refund of the aforesaid amount alongwith compensation.

2.      The OP did not file its written version despite service and its right to file the said written version was closed vide order dated 14.8.2019.

3.      I have heard the learned counsel for the complainants and have considered the affidavits filed by them by way of evidence.

4.      It is pointed out during the course of hearing that a consumer complaint being Consumer Complaint No.199 of 2015 – Rakhee Dey & Ors. Vs. M/s Unitech Ltd. decided on 31.7.2017 was filed before this Commission on  behalf or for the benefit of all such allottees of the above-referred project who wanted refund of the amount paid by them to the opposite party alongwith compensation. The order of this Commission in Rakheey Dey & Ors (Supra) to the extent it is relevant, reads as under:-

2.      Vide order dated 20.10.2015 passed in IA/7528/2015, this Commission directed issue of public notice in terms of Section 13(6) of the Consumer Protection Act read with Order 1 Rule 8 of the CPC to be published in Gurgaon edition of Times of India published from New Delhi.  The publication in terms of the aforesaid direction was duly carried out. 

4.      Vide order dated 20.02.2017, passed in Civil Appeal No.12318 of 2016, the Hon’ble Supreme Court permitted the complainants to amend the complaint in order to bring it in conformity with the decision of the Full Bench in Ambrish Kumar Shukla (supra) and directed that if the amendment is accepted and the matter is taken up for disposal, this Commission shall make all endeavours to dispose of the matters as expeditiously as possible preferably within eight weeks of the acceptance of the amendment. 

5.      Pursuant to the liberty granted by the Hon’ble Supreme Court, an application seeking amendment of the complaint was filed and the said application was allowed vide order dated 22.03.2017.”

The complaint was disposed of by this Commission with the following directions:-

1. The scope of this order is restricted to such of the allottees who are interested in seeking refund of the amount paid by them to the OP and have already not approached this Commission or any other Court or Forum for the redressal of his/her grievances.
2. The OP shall refund the entire amount taken from such of the allottees of the project namely ‘Anthea Floors Wildflower Country’, who are interested in taking refund of the amount paid by them to the OP alongwith compensation in the form of interest and have already not approached this Commission or any other Court or Forum for the redressal of their respective grievances. 
3. The OP shall pay to the allottees referred in (1) and (2) above, compensation in the form of interest @ 12% per annum, on the entire amount paid by them to the OP, from the date of each payment till the date the entire amount is refunded alongwith compensation in the form of interest in terms of this order.
4. The OP shall pay a sum of Rs.50,000/- as cost of litigation which shall be deposited with the Legal Aid Account of NCDRC, as requested by the learned counsel for the complainants.
5. The payment in terms of this order shall be made within three months from today.”

5.      The present complaint having been instituted after the grant of permission under Section 12(1)(c) of the C.P. Act  in Rakheey Dey (Supra) and in fact even after the said complaint had been disposed of, is not maintainable. The complaint is therefore, disposed of in terms of the order of this Commission dated 31.7.2017 passed in Rakheey Dey (Supra). The complainants shall be entitled to refund of the amount paid by them to the opposite party alongwith compensation in terms of the aforesaid order. The payment shall be made within three months from today.