ORDER

This Appeal has been filed by the Appellant against the order dated 25.03.2021 of the State Consumer Disputes Redressal Commission, Delhi (in short ‘State Commission’) in Appeal No.101/2017 and 01.02.2022 in EA/04/2022.

2. Case of the Complainant/Respondent is that she booked Floor/Apartment No.E/24/00 with the Appellant/Opposite Party in the housing project “Express Homz”, Express City, Sector-35, Sonepat, Haryana for a consideration of Rs.32,63,400/- Builder buyer agreement was executed between the Parties on 01.12.2011. As per the Agreement, possession of the Floor/Apartment was to be handed over within 30 months from the date of the Agreement. The Complainant paid an amount of Rs.34,65,586/- to the Opposite Party. On 21.02.2015, the Opposite Party sent offer of possession to the Complainant, alongwith a demand of Rs.4,61,988/-. The Complainant paid the said amount to the Opposite Party, after deducting the delay charges as mentioned in the letter dated 21.02.2015. The Opposite Party, however, failed to deliver the possession of the flat in question. Alleging deficiency in service on the part of the Opposite Party, a Consumer Complaint was filed before the State Commission with the following prayer: -

“(a) Direct the OPs to hand over the possession of the Flat/Apartment bearing No.E/24/00 having super area of approximately 125 sq. meters after completing the same in all manner to the complainant within a month in accordance with law.

(b) Direct the OPs to pay a sum of Rs.3,38,359/- to the complainants towards the loss suffered by the complainants towards rental paid by the complainants after June, 2014 due to delay in handing over the possession of the flat from 01.06.2014 till the date.

(c) Direct the OPs to pay Rs.1,89,000/- @ Rs.5/- per sq. feet per month against the compensation for the said flat till date as per clause 31 of the Independent Floors/Apartment Buyer’s Agreement.

(d) Direct the respondents to pay interest @ 18% on the amount deposited i.e. Rs.34,65,586/- (Rupees Thirty Four Lacs Sixty Five Thousand Five Hundred Eighty six Only) from the date of delay in handing of the possession to the complainants till the date of possession is handed over.

(e) Direct the OPs to pay the compensation to the complainants towards the loss, mental torture and agony suffered by the complainants at the hands of the OPs as this Hon’ble Commission may think fit and proper in the interest of justice.

(f) Direct the OPs to pay a sum of Rs.55,000/- to the complainants as cost of litigation charges.

(g) Any other or further order in favour of the complainants and against the respondents as this Hon’ble commission deem fit and proper.”

3. Despite service of notice, the Opposite Party failed to file the written statement within the stipulated period. The State Commission, therefore, closed the right of Opposite Party to file the written statement. The Complaint filed the Evidence and Written Submissions.

4. The State Commission disposed the Complaint with the following observation: -

“Keeping in view the facts of the present case and the extensive law as discussed above, we direct the Opposite Party No.1 to refund the entire amount paid by the Complainant i.e. Rs.34,65,586/- along with interest as per the following arrangement:

A. An interest @ 6% p.a. calculated from the date on which each instalment/payment was received by the Opposite Party No.1 till 25.03.2021 (being the date of the present judgment);

B. The rate of interest payable as per the aforesaid clause (A) is subject to the condition that the Opposite Party No.1 pays the entire amount on or before 24.06.2021.;

C. Being guided by the principles as discussed above, in case the Opposite Party No.1 fails to refund the amount as per the aforesaid clause (A) on or before 24.06.2021, the entire amount is to be refunded along with an interest @ 9% calculated f