JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainant booked a residential flat with the OP in a project namely “Burgundy” at Unitech Golf and Country Club which the OP was to develop in Noida, Uttar Pradesh. Vide allotment letter dated 17.05.2013, Unit No. 1702, Tower No. 4, on 17th Floor of the aforesaid project was allotted to the complainant for a consideration of Rs.9,30,16,994/-. As per clause 5(a) of the terms and conditions of allotment, the possession of the said flat was to be delivered within 42 months of the date of the receipt of the duly signed terms and conditions. Computed from the date of allotment, the possession ought to have been delivered by 14.11.2016. The grievance of the complainant is that the possession has not been delivered to them despite they having already paid a sum of Rs.94,51,540/- to the aforesaid party. Being aggrieved, the complainants are before this Commission seeking refund of the entire amount paid by them alongwith compensation etc. 2. The OP did not file any written version despite service of notice upon it and its right to file the written version therefore, was closed vide order dated 15.12.2017. 3. I have heard the learned counsel for the complainant and have considered the affidavit by way of evidence filed by the complainant. The learned counsel for the complainant states that in order to avoid any further litigation in the matter, the complainants are restricting their claim to the refund of the entire principal amount of Rs.94,51,540/- alongwith compensation in the form of simple interest @ 10% per annum in terms of clause 5(a)(vi) of the terms and condition of the allotment letter which reads as under: “(vi) If for any reason the developer is not in a position to offer the apartment, 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/charges to the allottee(s) on this account.” 4. In view of the statement made by the learned counsel for the complainant and considering several other decisions of this Commission in respect of this very project including CC No.770 of 2015 and connected matters Pradeep Gupta Vs. Unitech Hi-Tech Developers Ltd. & other connected matters decided on 16.11.2017; CC No. 1300 of 2016, Madhu Mehani & Anr. Vs. Unitech Hi-Tech Developers Ltd. decided on 13.10.2017, CC No.606 of 2017 Sanjeev Malhotra Vs. Unitech Hi-Tech Developers Ltd. decided on 11.10.2017 and CC No.307 of 2015 Pramod Yadav Vs. Unitech Hi-Tech Developers Ltd. decided on 06.01.2017, the complaint is disposed of with the following directions: (i) The OP shall pay the entire principal amount of Rs.94,51,540/- received from the complainants to them alongwith compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date on which the entire principal amount along with compensation in the form of interest is actual paid. (ii) The opposite party 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 paid within three months from today. | 
