JUDGMENT :

(Pankaj Mithal, J.) :

1. This is a statutory appeal under Section 67 of the Consumer Protection Act, 2019,¹[hereinafter referred to as ‘the Act’].

2. The challenge in the appeal is to the judgment and order dated 23.12.2022 passed by the National Consumer Disputes Redressal Commission,²[in short ‘NCDRC’] in Consumer Complaint No.141 of 2020. NCDRC by the said judgment and order has partly allowed the complaint of the respondent and directed the appellant to refund within 2 months an amount of Rs.7,16,41,493/- (Rupees Seven Crore Sixteen Lakh Forty One Thousand Four Hundred and Ninety Three only) along with delay compensation @ 6% per annum from the respective dates of deposits till its payment, failing which the rate of interest payable would stand increased to 9% per annum.

3. The respondent is a private limited company in the business of real estate development. It booked a flat for residential use of one of its directors and his family members with the appellant on 22.09.2015 in its project ‘Omkar 1973 Worli’ on payment of booking amount of Rs.51,00,000/- (Rupees Fifty One Lakh only). Subsequently, respondent paid part consideration i.e. a total of Rs.6,79,97,071/- (Rupee