JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER

                The brief facts relevant for the disposal of the present consumer complaint are that the opposite party had floated a project called ‘UNITECH HABITAT’ located at Plot no. 9, Sector Pi – II, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh and invited application from the interest parties. The complainants made an application on 13.06.2006 with the opposite party and paid an amount of Rs.6,50,000/- as part payment of the said flat.  The opposite party issued receipt for the said amount to the complainants. Thereafter the complainants paid another cheque for Rs.6,59,280/- on 21.09.2006 to the opposite party and the opposite party issued receipt for the said amount on 25.09.2006 to the complainants. The opposite party vide allotment letter dated 07.11.2006, allotted apartment no. 401, 4^th Floor, HBTN, Tower 8^th in Unitech Habitat on Plot no. 9, Sector Pi – II, Greater Noida, Gautam Bud Nagar District, Uttar Pradesh. The complainant agreed to purchase the said apartment from the opposite party for a consideration of Rs.71,09,704/-.

2.     The complainants applied for a loan with the Citi Bank to purchase the said apartment in the project Unitech Habitat. Sanction letter for the loan was issued by the Citi Bank on 30.11.2006 in the favour of the complainants for purchasing the said apartment. Subsequently, a tripartite agreement was also got executed and entered into by the complainants, opposite party and the Citi Bank. The Citi Bank on behalf of the complainants issued cheques on various dates as part payments towards the said flat to the opposite party. The opposite party issued receipts of the said amounts to the complainants. Despite the assurances given by the opposite party to the complainants from time to time with regard to the delivery of possession of the said flat along with execution of the deed of conveyance, the opposite party has not taken any action regarding the same and was negligence in its service. Further, the possession of the apartment was to be delivered within 36 months of the issuance of the allotment letter to the complainants.

3.     The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 21.08.2017 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present complaint. In the present complaint the complainant has prayed for refund of Rs.62,59,280/- along with interest @ 18% per annum from the date of institution of the present complaint till realisation of the said amount.

4.     The opposite party was duly served of the complaint. However, despite service of notice upon them, no written statement was filed. The complainant led evidence by filing affidavit evidence.

5.     I have heard the arguments of the learned counsel for the complainants. None has appeared on behalf of the opposite party on 23^rd August 2018. During the course of the argument, learned counsel for the complainants has stated that he confines to his argument only to the directions which has been issued by this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17^th April 2018 and prays for no other relief.

6.     The complainant by way of an un-contradicted testimony has proved that the opposite party has entered into an allotment letter-cum- agreement with the complainants and was supposed to hand over the apartment to the complainant within 36 months but despite the expiry of the said period the possession of the apartment was not handed over to complainant. They have also stated that they have paid a total sum of Rs.62,59,280 /- to the opposite party towards the cost of the apartment on various dates.

7.     Since the complainants has clearly stated that the opposite party has failed to hand over the apartment within the stipulated period, the opposite party has committed deficiency in service, and therefore, I allow the complaint.

8.     In view of the earlier stand of this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17^th April 2018, I allow the present consumer complaint with the following directions:

1. The opposite party shall refund the entire amount of Rs.62,59,280/- to the complainant within six weeks from today along with compensation of simple interest @ 10% per annum from the date of payment till the realisation of the amount.

2. The opposite party shall pay a sum of Rs.10,000/- as cost of litigation to the complainant.

9.     With these directions the present consumer complaint stands disposed of.