JUSTICE V.K. JAIN (ORAL) IA/4069/2017 (Under section 8 of Arbitration and Conciliation Act) In view of the decision rendered by a three-Members Bench of this Commission on 13.7.2017 in Consumer Complaint No.701 of 2015 - Aftab Singh Vs. Emaar MGF Land Ltd. & Anr. and connected matters, the application is dismissed. CC/1980/2016 The cost has not been paid to the complainants in terms of the order dated 10.7.2017. The written version filed by the OP, therefore, stands rejected. The complainants have already filed affidavit by way of evidence. 2. Since the matter is covered by several previous decisions of this Commission in respect of this very project, I have heard the learned counsel for the parties. 3. The complainants booked a residential flat with the opposite party in a project namely ‘Unitech South Park’, which the opposite party is developing in Sector 70 of Gurgaon. Vide allotment letter dated 28.3.2011, Flat No.A4-10-1003 in the aforesaid project was allotted to them for a consideration of Rs.9141600/-. The possession, as per the Buyer’s Agreement dated 30.1.2012, was to be delivered within 36 months from the execution of the said agreement, meaning thereby that the possession ought to have been delivered by 30.1.2015. The grievance of the complainants is that despite they having already paid either directly or through their banker a sum of Rs.88,77,500/- to the opposite party, the possession of the flat has not been delivered to them. The aforesaid amount comprises Rs.20,12,768/- stated to have been paid directly by the complainants to the opposite party and Rs.68,64,732/- stated to have been paid directly by the banker. 4. The learned counsel for the complainants states on instructions that in order to avoid any further litigation in the matter, the complainants are restricting their claim to refund of the entire principal amount paid by them, alongwith compensation in the form of simple interest @ 10% per annum in terms of clause 4.e of the Buyer’s Agreement. 5. The learned counsel for the complainant submits that the matter is covered by previous decision of this Commission including its decision dated 07.11.2017 in Ashok Mittal Vs. M/s. Unitech Ltd., Consumer Complaint No.1904 of 2016 and connected matters, as well as several other decisions such as CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s. Unitech Ltd. & Anr. and connected consumer complaints, Ravikant Bhatt Vs. M/s. Unitech Ltd. – CC No. 1232 of 2015 decided on 22.9.2016 and Cap. Gurtaj Singh Sahni Vs. Unitech Ltd., Consumer Complaint No.603 of 2014 and connected matters, decided on 02.5.2016. 6. The complaint is, therefore, disposed of with the following directions: - The opposite party shall refund the entire amount of Rs.88,77,500/-, alongwith interest on that amount @ 10% per annum from the date of each payment till the date on which the aforesaid amount is actually refunded along with compensation in the form of interest in terms of this order.
- Out of the aforesaid amount, a sum of Rs.20,12,768/- with proportionate interest on that amount @ 10% p.a. will be refunded directly to the complainant and the remaining amount of Rs.68,64,732/- along with proportionate interest on that amount @ 10% p.a. will be refunded to the banker of the complainant.
(iii) The opposite party shall pay Rs.25,000/- as the cost of litigation to the complainants. - The payment in terms of this order shall be made within three months from today.
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