JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainant booked a residential apartment with the OP in a project namely ‘Unitech Verve’ which the OP was to develop in Greater Noida. Vide allotment letter dated 14.03.2007, apartment no.1903, in Tower 4 of the aforesaid project was allotted to the complainant as per the terms and conditions annexed to the said letter. The sale price of the said flat was booked at Rs.48,65,031/-. In terms of clause 4(a)(i) of the terms and conditions of allotment, the possession was to be delivered within 36 months of their execution. The date of the complainant signing the said terms and conditions is not available on the copy placed on record but the learned counsel for the complainant submits that the same were signed soon after the allotment. The grievance of the complainant is that the possession has not even been offered to him despite more than ten years from the date of allotment having already expired by the time this complaint was filed and despite the complainant having paid Rs.46,55,642/- to the OP. The complainant is therefore, before this Commission seeking refund of the said amount with interest etc. 2. The OP did not file its written version despite service on 29.12.2017 and therefore, its right to file the said written version was closed vide order dated 11.09.2018. 3. I have heard the learned counsel for the parties and have considered the affidavits filed by the complainant in the Court by way of evidence. No one is present for the OP when the matter is called. The affidavits and the documents filed by the complainant prove the allotment made to him as also the payment made by him. Since the possession of the allotted apartment has not even been offered to him even though more than 11 years from the allotment have already expired, the complainant is entitled to refund of the amount paid by him alongwith compensation etc. 4. The learned counsel for the complainant states on instructions that the complainant is restricting his claim to the refund of the principal amount paid by him alongwith compensation in the form of simple interest @ 10% per annum in terms of clause 4.e. of the terms and conditions of the allotment 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. 5. Reliance is placed upon the decision of this Commission in Dewan Ashwani & Ors. Vs. Unitech Reliable Projects Pvt. Ltd. & Anr. CC No.282/2012, decided on 07.05.2015. Reliance is also placed upon Consumer Complaint No. 709 of 2015, Ankur Goel Vs. Unitech Reliable Projects Pvt. Ltd., decided on 27.07.2016, wherein some additional contentions advanced by the opposite party with respect to the pecuniary jurisdiction of this Commission were rejected by this Commission. Reliance is also placed upon Neha Suri Vs. M/s Unitech Reliable Projects Pvt. Ltd. CC No. 977 of 2015 decided on 04.01.2017 and Kiran Agarwal Vs. Unitech Reliable Projects Pvt. Ltd. CC No.1487/2016, decided on 31.08.2017. 6. For the reasons stated hereinabove, the complaint is disposed of with the following directions: (i) The OP shall refund the entire principal amount of Rs.46,55,642/- to the complainant alongwith compensation in the form of simple interest @ 10% per annum with effect from the date of each payment till the date of full refund. (ii) The OP shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant. (iii) The payment in terms of this order shall be made within three months from today. | 
