ORDER

The present Review Application No. 339 of 2018 has been filed by the Applicant/Appellant, Dev Arora, (the Original Complainant) in First Appeal No. 1018 of 2016 praying for recalling of the Order dated 30.09.2016 passed by this Commission wherein the First Appeal No. 1018 of 2016 was dismissed as withdrawn.

2. I.A. No. 9498 of 2021 has been filed by the Respondent/Opposite Party seeking liberty to place additional documents on record and for directions to dismiss the Consumer Case No. 1513 of 2016.

3. The brief facts of the case relevant for disposal of the Review Application, Interim Application as well as Consumer Complaint No. 1513 of 2016 filed by Mr. Dev Arora, the original Complainant are that the Flat No. 9-B, Belgravia, Tower-F, Central Park-II, Gurgaon having area of 2350 sq. feet was provisionally allotted to one, Raj Kumar Budhiraja and Anita Budhiraja by the Opposite Party, M/s. Sweta Estates Pvt. Ltd. (hereinafter to be refereed to as “the Developer”) . The Apartment Buyer’s Agreement was executed between the parties on 29.07.2013. The total Sale Consideration of the Flat in question was Rs.2,82,00,000/- plus service tax @ Rs. 12,000/- per sq. feet and the possession was to be delivered within six months from the date of execution Apartment Buyer Agreement. Vide Agreement dated 19.07.2013, Complainant purchased the said plot from Raj Kumar Budhiraja and Anita Budhiraja and consequently, copy of Apartment Buyer Agreement was handed over to him with endorsement dated 31.07.2013 in his favour. He acted upon the agreement executed in between Opposite Party/Developer and Raj Kumar Budhiraja and Anita Budhiraja as per which the possession was to be delivered by 28.01.2014. Authorised representatives of Developer /Opposite Party promised timely delivery of possession when the aforesaid Transfer Deed was executed in favour of the Complainant. Accordingly, a payment of Rs.1,60,95,145/- up to 24.12.2013 including interest was paid by the Complainant to the Opposite Party Developer. Vide letter dated 11.06.2015 the Developer demanded VAT amounting to Rs.3,32,000/- payable by 10.07.2015. The said payment was raised allegedly on the basis of the orders of learned Punjab and Haryana High Court. It is the case of the Complainant that again Vide Letter dated 12.8.2015 possession was offered and he was asked to deposit another Rs.1,79,88,951/- by 11.09.2015. He was told that the possession would be delivered within 30 days after completion of all the formalities. According to the Complainant, the demand of Rs.14,39,350/- by the Developer was also not justified. He further refused to make payment of balance 50% as he did not see the Developer doing any work in the flat in dispute or the tower in which it was situated. Meanwhile, the Complainant took another Flat on rent vide agreement dated 01.08.2013. He informed the Developer that unless interest on the amount, already paid by him is refunded and was compensated qua the rent, he would not make further payments as the possession was already delayed by two years. Complainant submitted that the Developer sent letters dated 09.11.2015, 04.12.2015, 05.01.2016 about balance payment which were replied informing that due to the Developer act negligence, he had already suffered a loss to the tune of Rs.82,20,524/-.

4. Alleging deficiency in service on the part of the Developer the Complainant filed Consumer Complaint No. 121 of 2016 before the State Dispute Redressal Commission, Haryana Panchkula (hereinafter referred to as the State Commission) seeking a direction to the Developer to hand over possession of the Flat, interest @15% per annum on the amount already deposited by him till the date of handing over of actual physical possession and to reimburse rent amounting to Rs.11,78,200/-, along with compensation for mental trauma etc.

5. Having considered the material available on record and on perusal of the evidence adduced by the parties, the State Commission, vide its Order date