ORDER :

1. This appeal arises out of the judgment and order dated 11.10.2021 passed by the National Consumer Disputes Redressal Commission, New Delhi (“the National Commission” for short) in Consumer Case No. 1043 of 2018.

2. The National Commission in paragraph 10 of its judgment relied upon the decision of this Court in Imperia Structures Ltd. vs. Anil Patni and Another, (2020) 10 SCC 783. Paragraph 25 of the decision in Imperia Structures Ltd. (supra) was as under:

“25. In terms of Section 18 of the RERA Act, if a promoter fails to complete or is unable to give possession of an apartment duly completed by the date specified in the agreement, the promoter would be liable, on demand, to return the amount received by him in respect of that apartment if the allottee wishes to withdraw from the Project. Such right of an allottee is specifically made “without prejudice to any other remedy available to him.” The right so given to the allottee is unqualified and if availed, the money deposited by the allottee has to be refunded with interest at such rate as may be prescribed. The proviso to Section 18(1) contemplates a situation where the allottee does not intend to withdraw from the Proje