JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainants booked a residential flat with the OP in a project namely ‘Capella’ in Uniworld City, Greater Noida. Since the said project did not take off, the complainant shifted from the said project to another project namely ‘Unitech Verve’ which the OP is developing in Greater Noida. Vide letter dated 05.08.2010, the provisional allotment letter, allotting flat no. 05-14-1503 in ‘Unitech Verve’, Greater Noida was sent to the complainant. The flat was allotted to the complainant for a total consideration of Rs.56,68,300/-. The possession as per clause 4.a of the allotment letter was to be delivered within 15 months thereof, meaning thereby that the possession ought to have been delivered by 14.11.2011. The grievance of the complainants is that despite they having already paid about 95% of the agreed sale consideration, the possession has not been delivered to them. The complainants are therefore, before this Commission seeking refund of the amount paid by them alongwith compensation in the form of interest making an aggregate of Rs.13144247.86p. 2. The OP has resisted the complaint on the grounds which this Commission has already rejected in a number of Consumer Complaints and therefore, the aforesaid grounds need not be revisited again. The learned counsel for the complainants states on instructions that in order to avoid further litigation in the matter, the complainants are restricting their claim to refund of the entire principal amount paid by them alongwith compensation @ 10% per annum from the date of each payment will the date of refund in terms of clause 4.e of the allotment letter 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. 3. In view of the decision of this Commission in CC No.1034 of 2015 Dr. Rajiv Sinha Vs. Unitech Ltd. decided on 10.08.2017 as well as the previous decision dated 04.01.2017 in CC No.977 of 2015 Neha Suri Vs. M/s Unitech Reliable Project Pvt. Ltd. & Ors. and CC No.1390 of 2015 Dr. Ajay Agrawal Vs. M/s Unitech Reliable Projects Pvt. Ltd. decided on 21.12.2016, the complaint is disposed of with the following directions: (i) The OP shall refund the entire principal amount of Rs.54,20,325/- to the complainants alongwith compensation in the form of interest @ 10% per annum from the date of each payment till the date on which the aforesaid amount alongwith compensation in the form of interest is refunded. (ii) The OP shall also pay a sum of 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. | 
