AJAY SARDANA & ANR. vs M/S. UNITECH LIMITED

Heard Counsel for the Complainant and the Opposite Party.

The brief facts set out in the Complaint are that the Complainants had booked residential flats with the Opposite Party in a project, namely, “Exquisite” Nirvana Country-2, Gurgaon.  The Complainants were allotted Apartment No.01-0802 vide allotment letter dated 07.01.2013.  The basic price of the said apartment was fixed at 1,80,34,635/- as per the Buyer’s Agreement which was signed on 12.01.2013.  It was averred that as per Clause 4A of the Buyer’s Agreement, the possession was proposed to be delivered within a period of 36 months from the date of the said Agreement.  It was pleaded that till date the possession has not been delivered on account of which the Complainants are seeking refund of the amount paid with interest                 @ 10% p.a. from the respective dates of deposits.  It is also stated that despite collecting more than 90% of the amount towards sale consideration, i.e., 1,81,57,403/- the Opposite Party did not complete the project and the site is an abandoned piece of land with only a skeletal structure of semi constructed place.

It was further pleaded that as per Clause 4C of the Buyer’s Agreement it was agreed that in case of any delay, the Opposite Party shall pay to the Complainant compensation @ 5/- per square feet per month for the delay.  These charges were to be paid after the lapse of 36 months, being the period taken by the Opposite Party to complete the project as per the Buyer’s Agreement.  It is stated in the para 24 of the Complaint that this Commission vide its order dated 28.11.2016 allowed a similar batch of Complaints directing refund of the amounts paid by the Complainants with interest in the form of simple interest @ 10% p.a. as per Clause 4E of the Buyer’s Agreement.  Since the Complainants are similarly placed as other such allottees of “Exquisite” Nirvana Country-2, Gurgaon, the Complainants herein are seeking direction for refund of the amount paid with simple interest @ 10% p.a. from the respective dates of deposit till the date of realization.

The Opposite Parties were served on 30.01.2017 and the Written Version has not been filed within 45 days from the date of receipt of notice.  Vide order dated, 11.04.2017, this Commission has closed the right of the Opposite Party to file the Written Version.

The Complainants filed their affidavits by way of evidence today.

Mr. Babanjeet Singh, Advocate appearing for the Opposite Party submitted that the Opposite Party has no objection in refunding the amount with simple interest @ 10% p.a. from the respective dates of deposit till the date of realization.

Taking into consideration the current interest rate scenario in the country and also on the principal of parity, I am of the considered

view that such of the allottees who want to take refund of the amount paid by them to the OP should be refunded the said amount along with compensation in the form of simple interest @ 10% per annum in terms of clause 4(e) of the Buyers Agreement.

Following the order passed in CC No.1104 of 2015 and in similar batch of Complaints, these Complaints are disposed of with the following directions:

The Opposite Party shall refund the entire principal amount received from the Complainants in respect of the flats allotted to them along with compensation in the form of simple interest @ 10% p.a. from the date of receipt of each payment till the date of realization;

The Opposite Party shall also pay 10,000/- towards costs in the Complaint; and,

The payment in terms of this order shall be made within three months from today.

The Complaint is allowed with the afore-mentioned directions.