JUSTICE DEEPA SHARMA, PRESIDING MEMBER 1. Brief facts of the case as made out by the complainant in the complaint are that Opposite Party had floated a scheme known as BHS Built-up Housing Scheme No.12 which had opened on 15.01.2010 and was to close on 15.02.2010. The draw of lots was to be conducted in May 2010. The complainant applied for registration of residential flat on 15.02.2010 and deposited a sum of Rs.3,10,000/-. She was declared a successful candidate in the draw of lots in May 2010 and was allotted a flat in Omicron-1A. Vide letter of allotment-cum-allocation, she was allotted Flat No.101, Ground Floor in Block no.14, Omicron-1A under IT Code No.GH-03 bearing serial no. 29824, Scheme Code BHS-12 on 16.08.2010. As per the clause M of the brochure accompanying this letter, the possession was to be handed over within a period of two years i.e. by 16.08.2012. The complainant had also deposited balance registration money / allotment money of Rs.8,50,100/- and till 30.09.2010, the complainant had paid total amount of Rs.47,64,852/- towards cost of flat. She had received a letter dated 01.06.2016 from the opposite party stating such deposit as ‘Residential Payment Intimation (Financial). It is submitted that till the filing of the present complaint, the opposite party had failed to offer possession of the flat to her and it is submitted that opposite party is guilty for deficiency in service. 2. Notice of the present complaint was issued to the opposite party. The opposite party had filed its written statement wherein they had admitted the factum that complainant had been allotted the subject flat vide allotment letter. It is submitted that complainant was called to take the possession in 2016 but the complainant did not respond to that letter and that complaint is mischievous and is liable to be dismissed. 3. In the rejoinder filed by the complainant, she stated that she had never received letter containing offer of possession as alleged by the opposite party in the year 2016 or at any other date. 4. Parties led their evidences. I have heard the arguments, perused the relevant record. The complainant has also filed his written submissions. The opposite party did not file the written submissions and has also stopped attending the Court proceedings and, therefore, arguments have been head only on behalf of the complainant. 5. It is argued by learned counsel for the complainant that it is covered matter. It is submitted that several allottees of the said project had filed a Writ Petition No. C. No.33847 of 2019 before Hon’ble High Court of Allahabad and vide order dated 26.11.2019, their Writ Petition was partly allowed and respondent was directed to refund the entire amount of the petitioners within two months alongwith 15% interest from the date of deposit. It is submitted that this order pertains to same scheme and relates to the allottees of flats of Omicron-1A in which complainant was allotted the subject flat. It is submitted that although opposite party has submitted that it had sent offer of possession vide letter dated 08.03.2016, however, they had failed to prove that said letter was ever sent / delivered to the complainant. 6. I have perused the file and have gone through the documents placed on record by the parties. I have also seen a letter dated 08.03.2016 which is in the form of typed letter and not photocopy / carbon copy of the letter which was allegedly sent to the complainant. Also, there is no receipt showing that letter was ever sent by registered post or speed post. No registered letter cover or any document in support of the fact that this letter was ever posted to the complainant has been placed on record. The complainant has also alleged that opposite party had telephone number of the complainant. There is no averment that complainant was ever informed through any message about the fact that flat was ready for possession. The opposite party has failed to prove its contention that they had made any offer of possession to the complainant. The complainant on the other hand has placed on record the photographs of the flat showing that the flat was not in habitable condition. Also, in relation to the allottees in Omicron-1A, there is a direction of refund of the deposited amount to the allottees in the Writ Petition C. No. 33847 of 2019. I am satisfied that complainant has duly proved its case. She has fairly proved that opposite party is deficient in providing due service to her. 7. The complaint is allowed and the deposited amount of Rs.47,64,852/- is ordered to be released to the complainant alongwith interest @ 15% p.a. from the date of deposit. The rate of interest of 15% p.a. is awarded so that there remains a parity between the complainant and the other allottees to whom this interest has been awarded in Writ Petition C No. 33847 of 2019. The Complaint stands disposed of in these terms. | 
