JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL) The complainants booked a residential flat with the opposite party in a project namely ‘Unitech South Park’ which the opposite party was to develop in Sector 70 of Gurgaon. Unit No.0904 in Bock C-1 was allotted to the complainants for an agreed sale consideration of Rs.1,04,08,160/-. The parties then entered into a sale agreement dated 29.8.2012, incorporating their respective obligations in respect of the aforesaid transactions in terms of Clause 4(a) of the said agreement. The possession was to be delivered within 36 months of the execution of Buyers Agreement dated 29.8.2012. The possession thus ought to have been delivered by 29.8.2015. The grievance of the complainant is that the possession of the flat has not been delivered to them despite they having already paid Rs.44,44,038/- to the opposite party. The complainants are therefore before this Commission, seeking refund of the aforesaid amount, along with compensation in the form of simple interest etc. 2. The opposite party did not file its written version and its right to file the written version was closed on 31.10.2017. The complainants have filed affidavits by way of evidence. I have heard the learned counsel for the complainants. 3. The learned counsel for the complainants submits that the matter is squarely covered by several decisions of this Commission, including Consumer Complaint No. 1483 of 2016 Amit Mitra & Anr. Vs. M/s. Unitech Ltd. decided on 24.7.2017, CC No.667/2016 Rachna Sukhija & Anr. Vs. M/s. Unitech Limited & 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 along with compensation in the form of interest @ 10% per annum in terms of clause 4.e of the Buyers Agreement. The complaints are therefore disposed of with the following directions: (i) The opposite party shall refund the entire principal amount of Rs.44,44,038/- to the complainants along with compensation in the form of simple interest @ 10% per annum from the date of each payment 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 from today. | 
