Complainants have filed their affidavit evidence. Right of the Opposite Parties to file written version was closed vide order dated 10.11.2017. No affidavit evidence on behalf of Opposite Parties is needed. 2. Counsel for the complainants has confined their relief to the refund of the deposited amount alongwith compensation of 10% p.a. on the said deposited amount from the date of respective deposits and litigation expenses @Rs.25,000/- as has been granted by this Commission in identical matter i.e. Consumer Complaint No. 1934 of 2017 titled Nijhar Goel & Anr. Vs. M/s Unitech Hi-tech Developers Limited decided on 26.09.2018. 3. I have heard the arguments of the parties. 4. Undisputedly, facts of this complaint are that complainants booked an apartment in the residential project of the Opposite Party No.1 Unitech Hi-tech Developers Limited, namely, “Burgundy” in “Unitech Gold and Country Club” which the Opposite Party was to develop in Sector-96 and 97 of Noida in UP. The complainant was allotted apartment no.2701 on 27th Floor of Tower 2 admeasuring super area of 4465sq. ft. for a total consideration of Rs.2,96,95,630/- on 01.10.2010. Customer Code of the complainant was BY0045. The construction was to be completed by 01.05.2013. The complainants’ case is that they had been making the payments as per the schedule but still the construction of the project is not yet complete and the possession is not handed over. Hence, they have claimed refund of their deposited amount of Rs.2,91,70,149/- which they had deposited on different dates. 5. No defence has been put up by the contesting Opposite Parties since no written version was filed within the stipulated period. By way of affidavit, the complainants have proved all their contentions. 6. It, therefore, stands proved that Opposite Parties had failed to hand over possession of the subject apartment to the complainants within the stipulated period. This is clear deficiency in service on the part of the Opposite Party. 7. In view of these facts, I allow the present complaint with following directions: i. The Opposite Party, namely, Unitech Hi-tech Developers Limited shall refund the entire principal amount of Rs.2,91,70,149/- to the Complainants, alongwith compensation in the form of simple interest @10% per annum from the date of each payment till the date of refund, in terms of this order. ii. The Opposite Party, namely, Unitech Hi-tech Developers Limited 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. With these directions, the Complaint stands disposed off. | 
