JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainant booked a residential flat with the OP in a project namely ‘Unitech Verve’ which the OP was to develop on plot no.11 in Sector Y-2 of Greater Noida. Apartment No. 0903 in Tower-3 was allotted to her for a consideration of Rs.51,09,410/-. The possession as per the Buyers Agreement dated 20.06.2008 was to be delivered within 20 months of the said agreement meaning thereby that the same ought to have been delivered by 20.02.2010. The possession of the apartment having not been offered to her, the complainant is before this Commission seeking refund of the amount paid by her alongwith compensation in the form of interest. 2. The OP did not file the written version and its right to file the same was closed vide order dated 07.04.2017 however, written submissions have been filed by the OP. 3. The learned counsel for the complainant states that the present matter is squarely covered by the decision of this Commission dated 04.01.2017 in CC No.977 of 2015 Neha Suri Vs. M/s Unitech Reliable Project Pvt. Ltd. & Ors. and CC No.307 of 2015 Pramod Yadav & Anr. Vs. Unitech Hi-Tech Developers Limited decided on 06.01.2017. The learned counsel further states that in order to avoid any further litigation on the part of the OP, the complainant is restricting her claim to the refund of the entire amount paid by her alongwith compensation in the form of interest @ 10% per annum, in terms of clause 4.e of the Buyers Agreement which reads as under: 4.e Default: If for any reason the developer is not in a position to offer the apartment altogether, the developer shall offer the allottee(s) an alternative property or refund the amount in full with simple interest @ 10% per annum without any further liability to pay damages or any other compensation on this account. 4. In view of the statement made by the learned counsel for the complainant on instructions from the complainant, and the decisions of this Commission in Neha Suri (supra), the complaint is disposed of with the following directions:- (i) The opposite party shall refund the entire amount of Rs.48,88,232/- received from the complainant alongwith compensation in the form of simple interest at the rate of 10% p.a. from the date of each payment till the date on which the aforesaid amount alongwith compensation in terms of this order is refunded. (ii) The OP shall also pay a sum of Rs.10,000/- as cost of litigation to the complainants. (iii) The payment in terms of this order shall be made within three months from today. | 
