1.      Heard Mr. Pranav Jain, Advocate, for the complainant and Mr. Prabhakar Tiwari, Advocate, for the opposite party.   

2.      Above complaint has been filed, for directing the opposite party to refund Rs.3522730/- alongwith interest @ 18% per annum from the date of respective deposit till the date of payment, cost of litigation and any other relief which is deemed fit and proper in the facts of the case.

3.      The complainant has stated that the opposite party was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a project in the name of ‘Parsvnath Palacia’ at Plot No.5, Sector-Pi (Alistonia Estate), Greater Noida.  On coming to now about the aforesaid project, the complainant booked a 2BR flat in the year 2006. The opposite party has allotted Flat no. 104 in Tower B2 in the aforesaid project and thereafter, executed a Flat Buyers Agreement on 08.06.2007 in favour of the complainant. Clause 10 (a) of this Flat Buyers Agreement, provides the construction shall be completed within 36 months from the date of commencement of the construction. Initially, the complainant opted for “construction linked payment plan” but subsequently, the opposite party gave a bonanza scheme vide letter dated 07.12.2007, in which, on deposit in “down payment plan”, 12% rebate in sale price was offered. The complainant availed the benefits of the bonanza scheme. The complainant deposited Rs.400000/- on 27.06.2006, Rs.22730/- on 30.04.2007 and Rs.3100000/- on 14.09.2007.       The construction was not proceeded on the spot as such the complainant, vide legal notice dated 27.08.2009, requested to refund his entire amount with interest. The period of three years also expired on 08.06.2010, but the construction was not completed. The opposite party, vide letter dated 27.09.2010, demanded the balance amount payable at the time of possession. As construction was not proceeding on the spot, as such, the complainant did not respond to that notice.  Thereafter, the complainant again gave another notice dated 17.07.2014 for refund of his entire amount. When the amount was not refunded, then the complaint was initially before State Commission but objection was raised in respect of pecuniary jurisdiction. Therefore, that complaint was got withdrawn and this complaint was filed. 

4.      Vide order dated 30.10.2019, the opposite party was granted time to file written version along with application for condonation of delay. The opposite party filed written version on 20.03.2020. The notice of this complaint was served upon the opposite party on 13.07.2019. The written version was not filed within 45 days of the service of the notice. Therefore, this Commission, vide its order dated 23.12.2021, did not take the written version on record. The complainant filed Affidavit of Evidence of Sunil Joshan on 21.01.2022. Although the opposite party has also filed Affidavit of Evidence of Mr. Ajay Kashyap but his written version was not taken on record as such it cannot be considered. Both the parties have filed their written arguments.

6.      We have considered the arguments of the counsel for the parties and examined the record. In the agreement dated 08.06.2007, 36 months period has been given for completion of the construction, which has expired on 08.06.2010. This complaint was filed in the year 2018. Till today, neither construction has been completed nor has occupancy certificate has been obtained. The complainant made payment under ‘down payment plan” on 14.09.2007. The home buyer cannot be compelled to wait for unlimited period. In the facts of the case, the complainant is entitled to refund of the entire amount deposited by him along with interest. 

ORDER

In the result, the complaint is allowed. The opposite party is directed to refund the entire money deposited by the complainant with interest @ 9% per annum from the date of respective deposit till the date of payment, within period of two months from today.