ORDER (ORAL) (JUSTICE DEEPA SHARMA, PRESIDING MEMBER) 1. In this case no written version has been filed by the Opposite Party. Pleadings are complete. Final arguments are heard. 2. At the outset, it is submitted by the Learned Counsel for the Complainant that this case is covered case by “Swarn Talwar & Ors. vs. M/s. Unitech Ltd.” [Consumer Complaint No. 349/2014 & other connected matters decided on 14.08.2015], of this Commission, relating to a flat in same project and that this order is upheld by the Hon’ble Supreme Court. On the ground of principle of parity, the complainant is entitled for the same relief which has been granted to the other flat buyers, by this Commission in “Swarn Talwar & Ors. vs. M/s. Unitech Ltd.” [supra]. 3. I have perused the record. 4. Brief facts of the case are that the complainant had booked a 3-bedroom flat no. 401, 4th floor, HBTN Tower-1, in the project of the OP called, Unitech Habitat, situated at Plot No. 9, Sector Pi-II, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh for a total consideration of Rs.61,18,718.00/-. He made payment of Rs.5,82,923/- against receipt at the time of booking of the said flat. On 3.11.2006 allotment letter was issued to him. Between the period from 25.11.2006 to 30.11.2006, the Complainant paid further sum of Rs.58,47,535/- which is 95.5% of the total cost of the flat. The Opposite Party was to deliver the flat by 2.11.2009 but they have miserably failed to deliver the possession of the said flat. The Complainant had also applied for the housing loan which was sanctioned to him by HSBC Bank. He is living in rented accommodation and paying Rs.25,000/- per month as rent. He also wrote several letters to the Opposite Party and sent several emails between 20.09.2011 to 04.10.2011, enquiring the proposed date of handing over of the possession of the flat. It is submitted that till date no offer of possession is given by the Opposite Party. It is submitted that the complainant now seeks refund of the total deposited amount alongwith interest. 5. No written version has been filed by the Opposite Party. By way of uncontradicted testimony the complainant has proved that he had booked 3-bedroom flat and paid Rs.58,47,535/- over the period and Opposite Party has failed to hand over the possession of the subject flat within the stipulated period and uptill now there is no offer of possession. This case is also covered by the case of “Swarn Talwar & Ors. vs. M/s. Unitech Ltd.” [Consumer Complaint No. 349/2014 & other connected matters decided on 14.08.2015] which also relate to the same project. In the said case, this Commission had directed the refund of the entire principal amount alongwith compensation by way of simple interest @18% p.a. from the date of deposit till the date of payment. This case has been upheld by the Hon’ble Supreme Court. On the principle of parity, the following directions are issued:- (i) Opposite Party shall refund the entire amount received from the complainant alongwith compensation in the form of simple interest @18% p.a. from the date of deposit till the date of payment; (ii) Payment in terms of this order shall be made within 8 weeks from today. 6. The present complaint stands disposed of in above terms. | 
