This appeal is directed against the order of the State Commission, Punjab dated 30.10.2017 in CC/377/2016.

2. Briefly put, facts relevant for the disposal of the appeal are that the respondent filed consumer complaint in the State Commission alleging that vide allotment letter dated 13.2.2015 he was allotted flat No.137 (2nd Floor) having super area 1050 sq. ft. in the development project “Shivjot Apartment” undertaken by the opposite party. As per the terms and conditions of allotment total consideration payable was Rs.23 lakhs to paid in instalments as per payment plan on demand of instalment due by the opposite party. The opposite party had agreed to deliver possession of the subject flat to the complainant on or before May, 2015. It is the case of the complainant that he had been paying instalments regularly and in all he had paid a sum of Rs.21,05,114/- in instalments against the agreed consideration. The said payments were paid by availing housing loan of Rs.18,40,000/- from HDFC Bank @10.15% per annum on variable rate basis. It is alleged that despite having received