ORDER

The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant, against the Opposite Party, M/s. Ireo Grace Realtech Private Ltd. (hereinafter referred to as the ‘Developer’) seeking refund of money paid as the Developer Opposite Party failed to hand-over the possession of the Flat booked by the Complainant in the Project launched by them in the name and style of “Ireo - The Corridors”, within stipulated period.

2. According to the Complainant, the facts of the case are that in response to the Applications invited by the Opposite Party Developer for allotment of Flats in their upcoming Project, “The Corridors” (hereinafter referred to as the ‘Project’) located at Sector-67-A, Tehsil & District, Gurgaon, Haryana, the Complainant booked a Residential Flat in the Project vide application dated 22.03.2013. The Complainant was allotted Unit No. CD-D3-09-903 admeasuring 2415.98 Sq. Ft. The Apartment Buyer’s Agreement (hereinafter referred to as the “Agreement”) was sent by the Opposite Party Developer for getting the signatures of the Complainant. Complainant has alleged that the Agreement was one-sided and upon resistance, the Complainant was threatened by the Developer that the Unit shall be cancelled and whole money paid shall also be forfeited and the Complainant was forced to sign upon the dotted lines on the Agreement. Firstly, the Agreement was served upon the Complainant in December, 2013 and a fresh copy of the same was subsequently served in April, 2014 and finally it was executed between the Parties on 28.04.2014. As per Clause 13.3. of the Agreement, the possession of the booked Unit was to be handed over within a period of 42 months from the date of approval of the Building Plans subject to fulfilment of the pre-conditions imposed under the Agreement. Clause 13.3 of the Agreement reads as under:-

“Subject to Force Majeure, as defined herein and further subject to the allottee having complied with all its obligations under the terms and conditions of this Agreement and not having defaulted under any provision(s) of this Agreement including but not limited to the timely payment of all dues and charges including the total Sale Consideration, registration charges, stamp duty and other charges and also subject to the Allottee having complied with all formalities or documentation as prescribed by the Company, the Company proposes to offer the possession of the said Apartment to the Allottee within a period of 42 (Forty Two) months from the date of approval of the Building Plans and/or fulfillment of the preconditions imposed thereunder (“Commitment period”). The Allottee further agrees and understands that the Company shall additionally be entitled to a period of 180 days (“Grace period”), after the expiry of the said Commitment Period to allow for unforeseen delays beyond the reasonable control of the Company.”

3. It is stated that the Complainant has paid an amount of Rs.1,08,82,292/- to the Developer upto 31.03.2017 out of the total Sale Consideration of Rs.2,49,60,426.00. According to the Complainant, he has paid an extra amount of Rs.2,67,199.34/- along with actual amount of Installment of Rs.28,75,157.66/- on 23.03.2017 as he has paid total amount of Rs.31,42,717 to the Developer. The Complainant requested for refund of the extra amount vide email dated 24.04.2017 however there was no response from the Developer. It is averred by the Complainant that the said Project was launched in March 2013 and it is presumed that till that date all the approvals were obtained from the Competent Authorities by the Developer. It is stated that the Commitment period of 42 months from the date of booking and further the grace period of 180 days as per the Agreement, has expired on 12.03.2017 but till today the possession of the booked Flat has not been offered to him by the Developer. According to the Complainant, he has made all the payment as demande