MS. JUSTICE DEEPA SHARMA, PRESIDING MEMBER (ORAL) Written version has been filed by the opposite party. Rejoinder and affidavit by way of evidence have been filed. It is submitted on behalf of the complainant that in earlier matter in CC/1141/2017 titled as Indar Dhawan & Anr. Vs. M/s. Unitech Limited (Habitat) decided on 17.4.2018 this Commission had directed the opposite party to refund the deposited amount and also paid a compensation @ 10% per annum on the deposited amount from the date of respective dates of deposits and has also ordered opposite party to pay a sum of Rs.10,000/- towards litigation charges to the complainant. It is submitted in its written version the opposite party has not disputed that they had failed to hand over the possession of the flat in question within the stipulated period and has also not disputed the amount of Rs.66,94,856/- has been deposited by the complainant with the opposite party. It is prayed that order in terms of Indra Dhawan (supra) be passed. 2. I have heard the learned counsel for the parities and perused the record. 3. Admittedly the complainant booked a residential apartment on 13.6.2006, (client ID No. HB0598), costing Rs.69,93,697/- and made the payments within the stipulated periods on time. He was allotted Unit No. 102, Floor-1 in HBTN – Tower-10, in the Project Unitech Habitat, Noida. It is also admitted fact that the delivery was to be given within three years. Admittedly, the opposite party has failed to deliver the possession of the said flat to the complainant; therefore there is deficiency in service and the opposite party is liable to refund the money. In view of this fact, the opposite party is directed to refund the sum of Rs.66,94,856/- and also pay compensation by way of simple interest @ 10% per annum on the said amount from the respective dates of deposit. The litigation cost of Rs.10,000/- shall also be paid. The entire payment shall be paid within three months from today. With these directions, the complaint stands disposed of. |
