JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL) The complainant booked a residential flat with the opposite party in a project namely ‘Unitech South City Park’, which the opposite party was to develop in Gurgaon and flat No.0304 in Block No. D-1 was allotted to them for a consideration of Rs.1,13,53,824/-, vide allotment letter dated 15.01.2013. The parties then entered into a sale agreement dated 15.2.2013 incorporating their respective obligations in terms of Clause 4(a) of the said agreement. The possession was to be delivered with 36 months from its execution, meaning thereby that the possession ought to have been delivered by 05.2.2016. The possession having not been delivered despite the complainant having paid a sum of Rs.48,94,756/- to the opposite party , they are before this Commission seeking refund of the amount paid by them, along with compensation in the form of interest. 2. The opposite party having not filed its written version, its right to file the said written version is closed vide order dated 05.10.2017. 3. The learned counsel for the complainant submits that the matter is covered by previous decision of this Commission including its decision dated 07.11.2017 in Ashok Mittal Vs. M/s. Unitech Ltd., Consumer Complaint No.1904 of 2016 and connected matters, as well as several other decisions such as CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s. Unitech Ltd. & Anr. and connected consumer complaints, Ravikant Bhatt Vs. M/s. Unitech Ltd. – CC No. 1232 of 2015 decided on 22.9.2016 and Cap. Gurtaj Singh Sahni Vs. Unitech Ltd., Consumer Complaint No.603 of 2014 and connected matters, decided on 02.5.2016. 4. The learned counsel for the complainants state on instructions that in order to bring the litigation to a closure, the complainants are restricting their claim in these complaints to refund of the entire amount alongwith compensation in the form of interest @ 10% per annum in terms of clause 4.e of the Buyers Agreement. 5. The complaint is therefore disposed of with the following directions: (i) The opposite party shall refund the entire principal amount of Rs. 48,94,756/- to the complainants, alongwith compensation in the form of simple interest @ 10% per annum from the date on which the payment is made till the date on which the entire amount payable to the complainants along with compensation in terms of this order is actually paid. (ii) The opposite party shall pay Rs.25,000/- as the cost of litigation to the complainants. (iii) The payment in terms of this order shall be made within three months. | 
