new delhi may 15 the apex consumer commission has directed unitech limited to refund rs 304 crore to a retired army personnel and his wife with an interest rate of 18 per cent per annum for not delivering possession of a plot by the committed date saying it was a case of gross deficiency a bench of national consumer disputes redressal commission ncdrc passed the order against the real estate major which has already paid back rs 45 lakh to punchkula resident lt col retd anil raj and his wife besides the bench also imposed a penalty of rs five lakh on unitech for disregarding its interim order passed in september last year by which it was asked to refund to the complainants the amount of rs 304 crore deposited by them along with interest at 10 per cent per annum we have no hesitation in holding that it is a case of gross deficiency on the part of unitech in not delivering possession of the plot by the committed date subjecting the complainants to extreme monetary loss and mental harassment a bench presided by justice d k jain said the bench also noted that as per the agreement between the parties in the event of delay on the part of buyer in making payment of any instalment the developer was expected to charge an interest at 18 per cent per annum compounded quarterly and said that logically in the event of default on its own part the developer should not shy away from paying interest at the same rate therefore bearing in mind the amount of monetary loss and harassment suffered by the complainants in our opinion it would be just and fair if unitech is directed to pay to the complainants simple interest at 18 per cent per annum from the date of each deposit till its realization it said the bench while deliberating on amount of penalty to be imposed on the builder said it is a fit case where while sparing it from a stringent action of attachment of its assets in terms of section 25 of consumer protection act exemplary costs should be imposed on it accordingly we direct that unitech shall pay to the complainants costs of rs 3 lakh and deposit a further sum of rs 2 lakh in the consumer welfare fund by way of a demand draft drawn in favour of pao ministry of consumer affairs new delhi the bench said the complaint filed against unitech limited and its managing director said the complainants had applied for allotment of a residential plot in the firms aspen greens project at sas nagar in mohali in december 2011 the cost of plot was fixed at rs 334 crore and it was to be delivered to the complainants within 12 months the complainants after raising a housing loan of rs 25 crore paid rs 304 crore to the developer the plea said however after a long delay the complainants sent a legal notice