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Judgment
Deepa Sharma, Presiding Member
The admitted facts in the present complaint are that complainants had booked a 3-BHK flat bearing No. A-701 on 7 th Floor at Block-A in the project 'Rise' located at Ramprastha City, Sector 37-D, Gurgaon, Haryana, and had paid a sum of Rs.68,47,633/- on various dates. The case of the complainants is that they had waited for four years for the delivery of the possession but when the opposite party failed to deliver the possession even after the expiry of several years from the date of scheduled possession, they had asked the opposite party to refund the money which the opposite party has failed to refund. It is submitted that opposite party is guilty of deficiency in service as they had failed to deliver the possession of the subject flat within the stipulated period and sought refund of Rs.68,47,633/- alongwith interest @ 18% p.a., Rs.10,00,000/- towards mental agony and harassment and Rs.1,00,000/- towards litigation cost.
Case is contested by the opposite party. They have raised several contentions in an effort to justify the delay in handing over the possession. It is not disputed that complainants had deposited a sum of Rs.68,47,633/- towards cost of the flat.
Parties led their evidences. We have heard the arguments and perused the relevant record.
During the course of arguments, it is brought to our notice by counsel for the complainants that it is a covered case. It is submitted that Consumer Cases Nos. 2089 to 2093 of 2016 decided on 19.03.2021 have been decided by this Commission, relates to the same project 'Rise' of the opposite party and that similar directions be also issued in this matter.
Learned counsel for the opposite party has not disputed that several complaints relating to the same project has been decided by this Commission.
Since this Commission has concluded in above said Consumer Complaints that the opposite party was guilty of deficiency in service as it had failed to deliver the possession of the subject property within the stipulated period, and so liable to refund the deposited amount to the complainants, we take the similar view. The same directions are thus issued.
Directions :
It is directed that opposite party shall refund the deposited amount of Rs.68,47,633/-alongwith interest @ 9% p.a. from the date of respective deposits till the date of refund. Litigation cost of Rs.25,000/- is also awarded to the complainants. The payment shall be made within four weeks from the date of this order.
Consumer Complaint stands disposed of in these terms.