Mr. Justice M.S. Rane, President—Herein after the complainant is referred to as "flat purchaser" and O.P. as "builder" for brevity sake.

2. The flat purchaser has filed this complaint claiming refund of Rs. 3,22,900/- being balance amount of consideration which he has paid to the builder with 21% interest in addition to compensation of Rs. 1,50,000/-, refund of Rs. 22,495/- paid towards stamp duty and cost of Rs. 15,000/- for the complaint proceedings have been claimed.

3. Although it is not necessary to have detailed advertance to the factual aspects, in view of subsequent development and understanding reached between the parties herein, it would be necessary to mention few facts. Since it is the grievance of the complainant, that the understanding reached and agreed between the parties herein have also not been adhered to by the builder and thus there is failure on the part of the builder which tantamounts to deficiency in service.

4. The undisputed facts show that the flat purchaser booked in the scheme of the builder known as Lokupahar at Virar (West). It was documented by execution of agreement dated 10.12.1996 which forms part of Annexure to the complaint. The same was prec