MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainant namely Neena Zutshi booked a residential flat with the opposite party in a project namely ‘Vistas’ which the opposite party is developing in Sector-70 of Gurgaon. Pursuant to the transaction between the parties, a sale agreement dated 07.06.2010 was executed between them in respect of apartment No.0004 in Block A, Tower 02, to be sold for a consideration of Rs.61,73,215/-. As per Clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months of its execution. The possession therefore ought to have been delivered by 7th June, 2013. The grievance of the complainant is that the possession of the flat was not offered to her despite she having already paid a sum of Rs.58,49,504/- to the opposite party. The complainant is therefore before this Commission seeking refund of the aforesaid amount with compensation.2. The opposite party did not file its written version and its right to file the said written version was closed vide order dated 18.01.2018. 3. I have heard the learned counsel for the complainant and have considered the affidavit by way of evidence filed by the complainant. No one is present for the opposite party when the matter is called. The learned counsel for the complainant submits that though no written version has been filed in this Consumer Complaint, several other Consumer Complaints with respect to allotment of flats in this very project have already been allowed by this Commission, rejecting the plea on which the said Consumer Complaints were contested. A reference in this regard is made in CC/1191/2015 -Vishal Mehta & Ors. Vs. M/s Unitech Limited decided on 19.07.2017 referring to an earlier decision of this Commission in CC/427/2014 – Satish Kumar Pandey Vs. M/s Unitech Ltd. & Anr. and connected matters, decided on 08.06.2015. 4. The complaint is therefore dispose of with the following directions : (i) The opposite party shall refund the entire principal amount of Rs.58,49,504/- to the complainant, along with compensation in the form of interest at the same rate at which compensation by the Hon’ble Supreme Court is finally awarded to the allottees of residential flat in the above referred project, namely ‘Vistas” who are seeking refund of the amount paid by them, with interest, in the appeals preferred by the opposite party against the order of this Commission dated 08.6.2015 in Satish Kumar Pandey Vs. M/s. Unitech Ltd. & Anr., CC/427/2014 and connected matters, which are stated to be presently pending before the Hon’ble Supreme Court. (ii) The payment in terms of this order shall be paid within three months of the date on which the Hon’ble Supreme Court finally decides the appeal preferred by the opposite party against the decision of this Commission in Satish Kumar Pandey (supra). (iii) The opposite party shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant. |
