V.K. Jain, Presiding Member—Though the complainant has filed affidavit by way of evidence, the opposite party has not filed such an affidavit. The right of the OP to file its affidavit by way of evidence, therefore, stands closed. I have heard the learned counsel for the parties.

2. The complainant booked a residential flat with the opposite party in a project, namely, ‘Unitech Verve’, which the opposite party was to develop on Plot No.11, Sector Pi-II of Greater Noida and an apartment No.1003 measuring 1588 sq.ft was allotted to him for a total consideration of Rs. 58,84,804/-. As per clause 4(a) of the terms of allotment, the possession of the apartment was to be delivered within 36 months. The possession having not been given, the complainant is before this Commission seeking refund of the amount of Rs.53,07,180/- which he has paid to the opposite party along with compensation in the form of interest @ 18% per annum, besides compensation for mental agony and the cost of litigation.

3. The complaint has been opposed by the opposite party which has taken a preliminary objection that since the agreed sale consideration was less than Rs.1 crore, this Commission lacks pec