ORDER

Sudip Ahluwalia, Member—This Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 seeking refund and other ancillary reliefs.

2. The brief facts leading upto the present Complaint are that the Complainant had booked and been allotted a residential Flat bearing No. 604 on the Sixth Floor admeasuring 934 sq. ft. carpet area in the Project of the Opposite Party namely, ‘Rustomjee Summit’ situated at Rajendra Nagar, Borivali (East), Mumbai-400066 for self-use vide Booking Agreement dated 24.11.2012 and Allotment Letter dated 08.01.2013 which contained one-sided and unfair terms. The Complainant has paid a total sum of Rs.50,25,442/- against the total consideration of Rs.1,67,51,475/-. As per clause 9 of Allotment Letter/ Agreement, the Opposite Party was to deliver the physical possession of Flat on or before 31.12.2016 (including a grace period of six months). The Complainant was also allotted two car parking spaces vide letter dated 08.01.2013.

3. It is the case of the Complainant that vide communication dated 18.11.2014 and various Emails, the Opposite Party had admitted delay in construction. The Opposite Party failed to handover posse