JUSTICE V.K.JAIN (ORAL) IA/16421/2017(Directions) The hearing the complaint on merits is preponed since the matter is covered by the previous decisions of this Commission. The application stands disposed of. CC/985/2015 The complainant booked a residential flat with the opposite party in a project, namely, ‘Unitech Habitat’ which the said opposite party was to develop in Greater Noida in U.P. Apartment No.803 in Block – HBTN, Tower-3 was then allotted to the complainant for a sale consideration of Rs.7161516/- in addition to lease charges, PLC, car parking etc. taking the aggregate of such charges to Rs.384876/-. The possession in terms of clause 4.a of the allotment letter was agreed to be delivered within 36 months thereof. Since the allotment letter was issued on 13.10.2006, the possession ought to have been delivered by 13.10.2009. The grievance of the complainant is that despite he having already paid Rs.6844050/-, the possession has not been offered to him. The complainant is therefore before this Commission seeking possession of the flat or in the alternative refund of the amount paid by him along with interest. 2. The complaint has been opposed by the opposite party on the grounds which this Commission has repeatedly rejected in a large number of consumer complaints, including Consumer Complaint No.403 of 2017 – Vinod Baluja Vs. Unitech Ltd. decided on 10.10.2017, CC No.1312 of 2016 - Jalaj Anand Vs. Unitech Ltd. decided on 11.9.2017, Consumer Complaint No.222 of 2014 – Pradeep Chowdhry Vs. Unitech Ltd. decided on 19.10.2016, and Anil Kumar Gupta Vs Unitech Ltd. - CC No.472 of 2015 decided on 30.9.2016 . Since the grounds on which the complaint has been resisted have already been rejected repeatedly, the same need not be revisited again for the purpose of deciding this complaint. 3. The learned counsel for the complainants states on instructions that in order to avoid any further litigation in the matter, the complainants are restricting their claims to refund of the principal amount paid by them along with compensation in the form of simple interest @ 10% p.a. which was also the compensation awarded by this Commission in Vinod Baluja (supra). The complaint is, therefore, disposed of with the following directions:- (i) The opposite party shall refund the entire amount of Rs.6844050/- paid to it by the complainant along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date on which the aforesaid amount along with compensation in the form of interest in terms of this order is paid. (ii) The opposite party shall also pay a sum of Rs.25000/- as the cost of litigation to the complainants. (iii) The payment in terms of this order shall be made within three months from today. | 
