BRAJESH KUMAR SENGAR AND ANOTHER RESIDENT OF 3647/D-3, VASANT KUNJ, NEW DELHI - 110 070 Vs. M/S. UNITECH LTD. AND ANOTHER THROUGH ITS MANAGING DIRECTOR, SIGNATURE TOWERS, GROUND FLOOR, NH

JUDGEMENT

(1.) The complainants who are husband and wife booked a residential flat with the opposite party in a project namely Fresco, Nirvana Country which the said opposite party was to develop in Gurgaon. Vide letter dated 10.1.2007, Flat No.0601 in Block No.15 of the aforesaid project was allotted to the complainant for a total consideration of Rs.88,29,930.00. The aforesaid allotment was followed by execution of a Buyers Agreement between the parties on 6.3.2007. As per clause 4.a of the said agreement, the possession was proposed to be delivered to the complainant within 36 months, subject to force majure circumstances beyond the control of the developer. Clause 4.e of the agreement provided for refund in full with interest @ 10% p.a. without any further liability to pay damages if the developer for any reason was not able to offer the apartment. The complainants have already paid a sum of Rs.82,16,203.00 but the possession of the flat has not been delivered to them. Being aggrieved, they are before this Commission seeking refund of the entire amount paid by them along with compensation in the form of interest @ 18% p.a. and additional compensation of Rs.10 lakhs for the mental agony and harassment caused to them.

(2.) The complaint has been resisted by the opposite party on the grounds which this Commission has repeatedly rejected in a large number of consumer complaints. The OP, however, has not disputed the payment made by the complainants. It is also not in dispute that the possession of the flat has not been delivered so far.

(3.) In Consumer Complaint No.13 of 2015 - Sumeet Singh Vs. M/s Unitech Ltd. & Anr. and several other connected complaints decided by this Commission on 18.1.2016, the complaints were resisted by the OPs on the grounds identical to the grounds taken by them in their written version to this complaint. Rejecting all those contentions and relying upon a number of its earlier decisions, this Commission directed delivery of possession of the flats to the complainants in Consumer Complaint No.13 of 2015 and Consumer Complaint No.15 of 2015 along with compensation in the form of simple interest @ 12% p.a. w.e.f. the expiry of the period stipulated in the buyers agreement/allotment letter for offering possession to them. For the sake of brevity, I am not reproducing the reasons given by this Commission while rejecting the grounds taken by the opposite party while resisting the said complaints.