ORDER

Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed by the Complainant against Opposite Party (OP) as detailed above, inter alia praying for directions to the OP to refund the amount of Rs.39,19,281/- with interest @ 18% per annum from the date of payment till the date of realization and also to pay Rs.2,00,000/- as litigation expenses.

2. Notice was issued to the OP. Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit and Written Arguments/Synopsis etc. as per details given in the Table at Annexure-A. The details of the flat allotted to the Complainant / other relevant details, based on pleadings of the parties and other records of the case are also given in the Table at Annexure-A.

3. Brief facts of the case, as emerged from the pleadings of the parties and other case records are that on 28.12.2012, Complainant applied for allotment of a flat admeasuring 2600 sq.ft. in the project of the OP, namely, The Leaf, situated in SS City, Sector-85, Gurgaon, Haryana and made payment of Rs.12,00,000/- being the booking amount. The Complainant was allotted Apartment No.3A on 3rd Floor of Tower B-4 in the said project. The total