ORDER

Kumkum Rani, Judicial Member II.—This appeal has been preferred against the impugned judgment and order dated 19.05.2016 passed by the learned District Consumer Forum (now District Commission), Dehradun in consumer complaint No. 218 of 2011 styled as Dr. Col. Rakesh Karanwal (Retd.) vs. Digvijay Real Estate Developers Pvt. Ltd., wherein and whereby the District Commission has allowed the consumer complaint against the opposite party (respondent) directing the opposite party to pay an amount of Rs. 1,81,000/- (Rupees One Lakh Eighty One Thousand only) alongwith litigation charges of Rs. 10,000/- (Rupees Ten Thousand only) within 30 days, in case of failing which, the opposite party will have to pay simple interest @ 8% per annum from the date of the impugned judgment and order.

2. The facts giving rise to this appeal in hand are, as such that a complaint was filed by the complainant alleging that the opposite party has received an excessive sum of Rs. 5,25,627/-, which the opposite party is liable to refund to the complainant with rate of interest available in the market. As per the averment of the complaint, the complainant booked a four bedroom flat No. A-301 situated in Doon Trafalgar located on Dhoran Khas by-pass near I.T. Park, Dehradun for his personal use; at the time of booking of the flat, an agreement dated 22.01.2008 was executed between the complainant and the opposite party (i.e. Digvijay Real Estate Developers Pvt. Ltd.) whereby the opposite party agreed to sell to the complainant the above residential flat bearing No. A-301 situated on the third floor having a super area of 1805sq.ft. for a total sale consideration of Rs. 41,45,000/- (Rupees Forty One Lakh Forty Five Thousand only) calculated at the rate of Rs. 2,300/- per square foot and the complainant opted for down payment plan; as per the negotiated terms, the opposite party offered to give a discount of 15% to the complainant; after deducting the discount of Rs. 6,21,750/- (Rupees Six Lakh Twenty One Thousand Seven Hundred Fifty only), the net price calculated for the flat came to Rs. 35,23,250/- (Rupees Thirty Five Lakhs Twenty Three Thousand Two Hundred Fifty only) on account of discount offer. The opposite party assured the complainant to complete the development / construction of the above flat within a period of 18 months from the date of signing of the agreement and in case of any delay in completion of their construction, the opposite party would be liable to pay compensation for handing over the delayed possession of the flat, which will be at the rate of Rs. 5/- per sq.ft. super area per month for the period of delay. The development was supposed to be completed by 21.07.2009, however, the opposite party had delayed the project. During his visit of the site on 14.01.2010, the complainant observed that the size of the master bedroom had been reduced by the opposite party from 16 ft. X 11 ft. to 13 ft. 11 inches X 10 ft. 9 inches; similarly the size of the another room was also found to be reduced, thus, the total reduction of 95sq.ft. in the total floor area; instead of the agreed super area was also 1805sq.ft, the super area was also reduced to 1710sq.ft.; the complainant immediately lodged a protest against such reduction of the super area; subsequently a letter dated 05.07.2010 written by the opposite party was received by the complainant whereby the opposite party informed the complainant that the flat was ready for possession. It is further alleged in the complaint that the complainant had paid a sum of Rs. 34,05,725/- (Rupees Thirty Four Lakhs Five Thousand Seven Hundred Twenty Five only) to the opposite party up to June, 2008 and after deduction of the above sum, the opposite party had illegally and wrongly demanded a further payment of Rs. 9,62,771.87ps. (Rupees Nine Lakhs Sixty Two Thousand Seven Hundred Seventy One, eighty seven