1. The complainant who is the respondent in FA / 680/2013 and appellant in FA / 722/2013, entered into an agreement with the appellant in FA / 680/2013 who is the respondent in FA / 722/2013 for purchase of a residential flat admeasuring 850 sq. ft. of built - up area (inclusive of the balcony area). The possession, as per the agreement executed between the parties on 11.11.1995, was to be delivered to the complainant by December 1995. The possession however, was not delivered by December 1995 whereupon a police complaint was lodged by the complainant against the builder. The parties then executed a supplementary agreement dated 2.1.1997 whereby the builder agreed to deliver possession by 30.6.1997 and also agreed to reimburse rent with effect from 1.1.1997. The possession of the flat was delivered to the complainant on 27.11.1997. The case of the complainant is that the actual built - up ar