IA/ 21410 / 2018 ( CONDONATION OF DELAY) This is an application filed by the complainant for condonation of delay in filling affidavit evidence. Allowed. Affidavit evidence is taken on record. CONSUMER COMPLAINT (ORAL) Complainant has filed its affidavit evidence. Right of the opposite party to file written version was closed vide order dated 23.04.2018. No affidavit evidence on behalf of opposite party is needed. 2. Counsel for the complainant has confined his 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 @ 10,000/- as has been granted by this Commission in identical matter i.e. Consumer Complaint No. 1623 of 2016 titled Ajoy Narain Vs. M/s Unitech Limited decided on 27.11.2017. 3. I have heard the arguments of the parties. 4. Undisputedly, facts of this complaint are that complainant booked an apartment in the residential project of the opposite party, namely, ‘Unitech Horizon’ floated by the opposite party, located at Plot No.6, Sector Pi-2, Greater Noida, District Gautam Budh Nagar. The complainant was allotted apartment no. 1902 in Tower No.23 on 18th floor admeasuring super area of 1705 sq. ft. for a total consideration of Rs.46,00,580/- on 22.05.2006. Customer Code of the complainant was UZ1062. The construction was to be completed by 15.11.2008. The complainant’s case is that he 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, he has claimed refund of his deposited amount of Rs. 44,75,363/- which he had deposited on different dates. 5. No defence has been put up by the opposite party since no written version was filed within the stipulated period. By way of affidavit, the complainant has proved all his contentions. 6. It, therefore, stands proved that opposite party had failed to hand over possession of the subject apartment to the complainant 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 shall refund the entire principal amount of Rs.44,75,363/- received from the complainant 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 alongwith compensation in the form of interest is actually paid. ii. The opposite party shall also pay a sum of Rs.10,000/- as the cost of litigation to the complainant. iii. The payment in terms of this order shall be paid within three months from today. With these directions, the complaint stands disposed off. | 
