JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER 1. The present complaint is filed by the registered union on behalf of 33 members who had purchased their flats from the opposite party in the project called Unihomes – 3, Sector 113, Noida, Uttar Pradesh. The said project was launched in the year 2010 by the opposite party with the assurance that the apartments will be handed over to the respective complainants within 30-36 months from the date of signing of the buyer’s agreement. 2. The members of the complainant - Association have individually applied for different flats in the said project and were allotted flat at different floors of the towers. The details of the allotted flat, booking date, agreement date, total consideration, total payments made is given at Annexure P-4 of the complaint. The members of the complainant have already deposited 90-95% (i.e. Rs.18,84,19,025/-) of the consideration amount with the opposite party on different dates. It is the case of the complainant that after the expiry of the stipulated period, the possession of the flat has not been delivered till date. Hence, the complainant has filed the present consumer complaint on behalf of their members with the prayer for refund of paid amount along with interest @ 18% compounded interest per annum from the date of first payment made till the realisation of the said amount; further to pay a sum of Rs.5,532/- per sq. ft. x super area of the flat to each buyer to enable them to purchase another flat; Rs.5,00,000/- to each of the members as damages for mental agony and Rs.1,00,000/- to each of the members towards the cost of litigation. 3. The opposite parties has not filed their written statement within stipulated period, therefore, their right to file written version was closed vide order dated 20.09.2018. In view of this there is no requirement to lead any evidence by the parties. 4. I have heard the arguments of the learned counsel for the complainant. During the course of the argument, learned counsel for the complainant submitted that this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan & Anr. vs M/s Unitech Limited (Habitat) decided on 17th April 2018, allowed the complaint and directed for refund of the paid amount with interest @ 10% per annum and the complainant confined its prayer to the said relief only and prays for no other relief. 5. From the facts on record it is apparent that the opposite party no. 1 has failed to hand over the possession of the flat within the stipulated period. Complainant has confined the relief only to refund of the deposited amount. In view of the earlier stand of this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan & Anr (Supra), I allow the present consumer complaint with the following directions: The opposite party no.1 shall refund the entire deposited amount so paid by the members of the complainant within six weeks from today along with simple interest @ 10% per annum from the date of payment of respective amount till the realisation of the amount. The opposite party shall pay a sum of Rs.10,000/- as cost of litigation to the complainant.
6. With these directions the present consumer complaint stands disposed of. | 
