JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          This is a complaint instituted under Section 12(1)(b) of the Consumer Protection Act on behalf of as many as 38 allottees of residential flats in a project namely ‘Unihomes-3 Noida’ which the OP was to develop in Sector-113 of Noida.  As per the allotment letters issued to the above referred 38 persons on different dates, the possession of the allotted flats was to be delivered to them within 30/36 months from the date of allotment.  The particulars of the allotments made to the above referred 38 persons, the payments made by them and the date by which possession was to be delivered to them, are as under:

2.      The grievance of the above referred allottees is that the possession of the allotted flat has not even been offered to them despite they having made substantial payment to the OP.  Therefore, they are before this Commission through the Complainant Association seeking refund of the amount paid by them to the OP alongwith compensation etc. 

3.      The OP did not file its written version within the prescribed period of 30 days from the receipt of notice.  On an application filed by the OP, the delay in filing the written version was condoned vide order dated 10.08.2018 subject to payment of Rs.10,000/- as cost with the Legal Aid Account of NCDRC within two weeks from the date of the order.  However, the cost was not deposited and therefore, the right of the OP to file its written version was closed vide order dated 20.09.2018.  No request was made by the OP thereafter, seeking permission to deposit the cost at a belated stage.  As a result, the order closing its right to file the written version became final. 

4.      I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants by way of evidence.  The learned counsel for the complainant submits that they have filed affidavits of all the 38 allottees on whose behalf this complaint is instituted alongwith their respective supporting documents. 

5.      A perusal of the Certificate of Registration issued by Registrar of Societies (South East), Government of NCT of Delhi would show that the complainant is registered as a society under the provisions of the Societies Registration Act, 1860.  Some of the objectives of the complainant association, as contained in its Memorandum of Association, read as under:

          MAIN OBJECTIVES

1. To protect the collective interest of the registered members of the association by representing the members at relevant in forums/commissions and courts.

2. To protect interest of the members by representing the Association at various relevant Forums, Commissions, Courts, appropriate Government, quasi Government, Judicial, Statutory and other relevant bodies, including local municipal bodies, authorities, builders, developer, association of builders & developers and other organization which may impact the members monetarily or otherwise and take all such steps as may be necessary in this regard.

3. To pursue; propagate, advance, safeguard or promote the interests of members of the association who are the buyers/owners/allottees of Residential flats in project – UNIHOMES 3, SECTOR-113, NOIDA, UTTAR PRADESH.

          From the Registration Certificate and the aims and objectives of the complainant society, I am satisfied that the complainant is a Voluntary Consumer Association within the meaning of Section 12 of the Consumer Protection Act and therefore, is competent to institute this Complaint on behalf of the said allottees.  

6.      A perusal of the details recorded hereinbefore would show that the possession of the allotted flats was to be delivered on different dates in the years 2014, 2015 and 2016.  Since the possession of the allotted flats has not even been offered to the above referred 38 allottees, they are entitled to refund of the amount paid by them to the OP alongwith appropriate compensation in the form of interest. 

7.      During the course of arguments, I asked the learned counsel for the OP as to what is the stage of construction of the flats allotted to the above referred 38 persons.  She submits that the construction is not complete and at present, the company is not in a position to resume the construction.

8.      The learned counsel for the complainant has relied upon the decision of this Commission dated 08.05.2019 in Consumer Complaint No.939 of 2016 Unitech Welfare Society Vs. Unitech Limited which pertains to the allotment of residential flats in this very project.  A perusal of the above referred decision would show that this Commission directed refund of the amount paid by the allottees who were the members of the complainant society alongwith simple interest @ 10% per annum from the date of each payment.

9.      For the reasons stated hereinabove, the complaint is disposed of with the following directions:

1. The OP shall refund the entire amount received by it from the above referred 38 allottees of residential flats in the project namely ‘Unihomes-3 Noida’ alongwith compensation to them in the form of simple interest @ 10% per annum from the date of each payment till the date of refund.

2. The OP shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant.

3. The payment in terms of this order shall be made within three months from today.