ORDER

The present Appeal has been filed against the order dated 14.01.2021 of the State Consumer Dispute Redressal Commission, Delhi (for short “the State Commission”) in Complaint No.638 of 2018.

2. The brief facts of the case are that the Respondent (hereinafter referred as “the Complainant”) booked a residential apartment in the project of the Appellant (hereinafter referred as “the Opposite Party”) called “Tuscan Heights” situated at Tuscan City, Kundli, District Sonipat Haryana. An allotment letter dated 18.08.2011 for unit No.T-7/0503, measuring 1520 sq. ft. was issued to him and he had paid a sum of Rs.3,50,000/- for the said purpose on 21.01.2010. A Builder Buyer Agreement was subsequently executed between the parties on 18.11.2011 for a total consideration of Rs.41,18,726/-.

3. The case of the Complainant was that he had paid a sum of Rs.39,80,699/- till the date of filing of the Complaint in the year 2018 and no offer of possession had been made to him, rather the Opposite Party had made untimely demands as car parking charges along with 14th instalment while the same was to be made at the time of possession. As per Clause 30 of the Builder Buyer Agreement, the possession