This consumer complaint has been filed by the complainants Saleem Javed and anr. against the opposite parties Unitech Hi-Tech Developers Ltd. & anr.

2.      Brief facts of the complaint are that the complainants booked one residential unit with opposite parties and paid Rs.1,77,08,210/-.  Later on the price of the unit was reduced by the opposite parties and an amount of Rs.67,58,000/- was to be refunded by the opposite parties to the complainant.  However, the same was not refunded inspite of requests made by the complainants.  The complainant then filed a consumer complaint bearing No.C/12/337 before the State Commission for refund of this amount.  Then, at the stage of the arguments before the State Commission, the opposite parties offered a second unit to the complainants to adjust the extra amount therein.  Accordingly, a settlement was reached between the complainants and the opposite parties in respect of the second unit and then settlement was notarised on 07.12.2013.  According to this settlement, unit that was already allotted to one Mr. Amit Jain was to be given to the complainants and accordingly an amount of Rs.1,17,16,220/- was paid to the earlier allottee Mr. Amit Jain by the complainants.  Accordingly, endorsement was made by the opposite parties in favour of the complainants on 21.12.2013.

3.      In the present complaint it has been alleged that the opposite parties are not able to complete the project and are unable to hand over the possession of the unit.  However, the request in the complaint has been made to direct the opposite parties to hand over the possession or to refund the amount deposited along with 18% p.a. compounded interest from the date of respective dates of payments of instalments till realisation.  A compensation of Rs.10,00,000/- and punitive damages of Rs.10,00,000/- have also been demanded.  

4.      Both the parties failed to file any written statement and their right of filing written statement was closed on 20.9.2017.  The complainant then filed the evidence, which was taken on record. 

5.      Heard both the learned counsel for the parties and examined the record.

6.      Learned counsel for the complainants stated that the opposite parties have not filed any written statement in the matter and consequently no evidence as well.  The complainant had filed its evidence whereas the proof of payment etc. has already been filed.  There is no doubt that the opposite parties are not in a position to complete the building and to hand over the possession to the complainant.  Accordingly, only remedy is that money deposited by the complainants with the opposite parties be refunded along with 18%  p.a. interest.

7.      On the other hand, learned counsel for the opposite parties stated that in the present scenario the opposite parties are not able to complete the building and are unable to hand over the possession of the unit to the complainant, as per the agreement the opposite parties are bound to refund the amount deposited by the complainants.  The learned counsel agreed that amount of Rs.1,77,08,210/- was deposited by the complainants for the first unit and there is no dispute in respect of the amount paid by the complainant for the second unit, which is Rs.1,17,16,220/-.  As per the agreement, if the opposite parties are not able to deliver the possession then the amount will be refunded along with 10% simple interest p.a.  This Commission in many cases has ordered refund of the deposited amount along with 10% p.a.simple interest. 

8.      Learned counsel further mentioned that the company is not in a position to complete the building and hand over the possession.  Accordingly, the opposite parties are ready to refund the amount along with 10% p.a. interest.  However, there is no justification for the complainants to demand 18% p.a. interest on the refunded amount.

9.      Learned counsel for the opposite parties relied upon the judgment of this Commission in Consumer Case No.1142 of 2017, Amit Rastogi & Anr. Vs. Unitech Hi-Tech Developoers Ltd. & Anr., decided on 12.06,2018, (NC) wherein the refund has been ordered along with @10% p.a. interest.

10.    I have carefully considered the arguments advanced by both the learned counsel for the parties and have examined the record.  Both the parties have agreed that the amount of Rs.1,77,08,210/- was deposited by the complainant for the first  unit and for the second unit,  the complainant has paid Rs.1,17,16,220/-, to the earlier allottee Mr. Amit Jain.  However, the endorsement has been made by the opposite parties on 21.12.2013.  The amount now stands in the name of the complainants.  It is also admitted that the opposite parties are not in a position to hand over the possession to the complainants.  In such circumstances, the complainants are entitled to refund of their deposited amount.  The agreement is already there, which makes obligatory to the opposite parties to refund the deposited amount along with 10% simple interest, if the opposite parties are not able to deliver the possession of the unit. Otherwise also, the learned counsel for the opposite parties has agreed to refund the amount along with 10% p.a. simple interest.  Learned counsel for the complainants has also agreed that the amount be refunded along with 10% p.a. interest.  The amount of Rs.1,77,08,210/-  was paid by the complainants to the opposite parties on different dates and therefore, the refund of this amount is allowed along with 10% simple interest from the date of respective deposits till actual payment. So far as the refund of amount of Rs.1,17,16,220/- of second unit is concerned, the endorsement has been effected on 21.12.2013 and therefore, the complainant is only entitled for refund of this amount along with interest from 21.12.2013 @10% p.a. till realization.

11.    Based on the above discussion, the complaint is allowed and the opposite parties are directed to refund the amount of Rs.1,77,08,210/- (rupees one crore seventy seven lakh eight thousand two hundred ten only) to the complainants along with interest @10% p.a. from the dates of respective deposits till realisation.  The opposite parties shall also refund the amount of Rs.1,17,16,220/- (rupees one crore seventeen lakh sixteen hundred two hundred twenty only) in respect of the second unit along with 10% p.a. interest from 21.12.2013 till actual payment.  The opposite parties shall also pay Rs.50,000/- (rupees fifty thousand only) as cost of litigation to the complainant.  The order be complied with by the opposite parties within a period of two months from the receipt of this order.