JUDGMENT

Sangita Dhingra Sehgal, President.—The present complaint has been filed by the Complainant before this commission alleging deficiency of service on the part of the Opposite Party and has prayed the following reliefs:

“(i) The Respondent to be directed to waving of all illegal penalties and interest upon the complainant and restore allotment of flat no C-106 OF 3 BR Type on first floor at Tower no-C, in super area in 1700 Sq.ft. @ 1860 per Sq. ft. total sum of Rs 39,68,000.00/-to complainant., In the residential group housing project “Cosmos Golden Heights” situated at NH 24, Crossing republic, NCR Ghaziabad, U.P.

(ii) The Respondent to be further directed to pay a sum of Rs 1,00,000/- as compensation for the mental agony and harassment caused to the Complainant.

(iii) Award cost legal notice and cost, expenses of the Complaint.

(iv) In alternate direction be given to the respondent refund the amount of Rs. 17,52,757/- as principal and interest @18% from February, 2008 till order of this Hon’ble State Commission.

(v) Pass any other order(s) as this Hon’ble Court deem fit and proper in the circumstances of the present case.”

2. Brief facts necessary for the adjudication of the present complaint are as follows: the Complainant vide registration form dated 14.02.2008, booked an apartment in the project named Cosmos Golden Heights of the Opposite Party, situated at N.H. 24, Ghaziabad, Uttar Pradesh. Accordingly, the Opposite Party vide an intimation for allotment letter dated 27.03.2008 along with an allotment letter outlining the terms and conditions, allotted apartment C-106 on the first floor in Tower C in the mentioned project to the Complainant. As per term and condition 16 of the allotment letter, the Opposite Party was to hand over possession of the said apartment within 36 months from the date of allotment. However, the Opposite Party failed to complete the construction within the prescribed period. Moreover, construction of the said apartment lagged significantly behind schedule. Therefore, the Complainant via email dated 04.04.2012 and letters dated 19.02.2013 and 23.02.2013, inquired about the possession status of the apartment. However, instead of providing an explanation for the delay, the Opposite Party arbitrarily canceled the allotment through a letter dated 21.02.2013. In response, the Complainant replied to the cancellation letter on 23.02.2013 and also visited the office of the Opposite Party to resolve the issue, but the Opposite Party failed to provide a satisfactory response.

The Complainant over the time had paid a total sum of Rs. 17,52,757/- to the Opposite Party as and when demanded. The Complainant also sent a legal notice dated 27.02.2013 to the Opposite Party, requesting a waiver of the illegal penalties and interest or alternatively, a refund of the amount along with interest but was of no avail.

3. The Opposite Party has contested the present matter and raised preliminary objections regarding the maintainability of the complaint. The counsel for the Opposite Party submitted that this commission lacks the pecuniary jurisdiction to adjudicate the present matter. He further submitted that the Complainant has no cause of action to file this complaint. The Opposite Party also submitted that that the present complaint involves complicated questions of fact and law which can only be decided by a civil court and are beyond the jurisdiction of this commission.

4. The counsel for the Opposite Party further submitted that the Complainant is guilty of suggestio falsi and suppressio veri, as the Complainant concealed material facts from this commission regarding timely payments toward the said apartment. He lastly submitted that the Complainant failed to disclose any deficiency on the part of the Opposite Party. Pressing the aforesaid objections, the counsel appearing on behalf of the Opposite Party argued that the present complaint be dismissed.

5. The Complainants have filed the Rejoinder rebu