JUSTICE V.K.JAIN (ORAL) The complainant, namely, Sushil Manchanda booked a residential apartment with the OP in a project namely ‘Unitech Verve’ which the OP was to develop in Sector Pi-II of Greater Noida. Vide allotment letter dated 28.12.2007, Apartment No.0201 in Tower 2 of the aforesaid project was allotted to the complainant on the terms and conditions, dated 28.12.2007. The sale consideration for the said flat was agreed at Rs.56,35,310/-. As per clause 4(a)(i) of the terms and conditions of the allotment, the possession proposed to be delivered within 27 months thereof. The possession, therefore, ought to have been offered by 28.03.2010. The grievance of the complainant is that the possession of the apartment has not even been offered to him despite he having already paid Rs.53,92,345/- to the OP. The complainant is, therefore, before this Commission seeking refund of the aforesaid amount alongwith compensation etc. 2. The opposite party did not file its written version despite serve and, therefore, its right to file the said written version was closed vide order dated 04.06.2018. 3. I have considered the affidavit filed by the complainant by way of evidence as well as the documents filed by him. The documents and the affidavits filed by the complainant prove the allotment made to the complainant as well as the payment received from him by the opposite party. Since the possession of the allotted flat has not even been offered to the complainant till date, he is entitled to refund of the amount paid by him to the opposite party alongwith compensation etc. 4. The learned counsel for the complainant relies upon several decisions of this Commission including C.C. No. 253 of 2017 - Sanjiv Razdan & Anr. Vs. Unitech Reliable Projects Pvt. Ltd. decided on 05.12.2017 and Kiran Agarwal Vs. Unitech Reliable Projects Pvt. Ltd. decided on 31.08.2017. Reliance is also placed upon Dewan Ashwani & Ors. Vs. Unitech Reliable Projects Pvt. Ltd. CC No. 282 of 2012. 5. The learned counsel for the complainant also states on instructions that the complainant is restricting his claim to the refund of the principal amount paid by him to the opposite party 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 paid in full with simple interest @ 10% per annum without any further liability to pay damages or any other compensation on this account.” 6. For the reasons stated hereinabove, the complaint is disposed of with the following directions: (i) The opposite party shall refund the entire principal amount of Rs.53,92,345/- 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. | 
