Dev Raj, Member—The facts, in brief, are that the complainant purchased Unit No.CCC-03-003 in the project of the Opposite Party i.e. Ireo Rise, Mid Rise, Third Floor, Cassia Court, Block-C, Sector-99, Mohali, measuring approx. 1511 sq. ft. from one Surinder Pal Singh, to whom the said flat was allotted by the Opposite Party on 26.12.2011 vide allotment letter (Annexure C-3). An agreement to sell was also executed between the complainant and the original allottee on 15.09.2014 (Annexure C-1).

2. As per clause 13.3 of Apartment Buyer’s Agreement, which was executed between Sh. Surinder Pal Singh and the Opposite Party on 01.03.2012, physical possession of the unit, in question, was to be handed over by the Opposite Party within a period of 30 months from the date of execution of the Agreement i.e. by 26.06.2016 (in fact 31.08.2014) . The complainant made payments of Rs.46,62,780/- towards consideration of the unit, in question i.e. 95% of the total consideration amount of Rs.50 Lacs including basic price and other charges, as per receipts (Annexure C-5 colly.), by taking loan of Rs.40,00,000/- from HDFC Limited @9.70% p.a. interest and by selling jewellery, gold ornaments an