ORDER

Sudip Ahluwalia, Member—This Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the Opposite Party, and seeking possession of the apartment, or in the alternative, refund of the deposited amounts along with ancillary reliefs.

2. The factual background in brief is that, in the year 2012, the Complainant became aware of a project by the Opposite Party known as “ATS One Hemlet,” located at Plot No. GH-01, Sector 104, Noida, Uttar Pradesh. The project boasted various amenities such as a luxurious clubhouse, swimming pool, tennis, squash, basketball courts, jogging track, gym, and shopping arcade. Subsequently, the Complainant booked Unit Reference No. 09064, with a super built-up area of 1636 Sq. Ft. in the project, and paid Rs. 5,00,000/- on 19.06.2012. The Opposite Party issued a Provisional Allotment Letter dated 13.07.2012, containing completely arbitrary and one-sided Terms & Conditions. Opting for the down payment plan, the Complainant made the entire payment of Rs. 97,78,212/-, except for Rs. 5,50,000/- which was to be paid at the time of possession. According