Consumers are entitled to refunds for unreasonable delays in property possession, affirming their rights under contracts.

1. The present Consumer Complaint has been filed under S.21(a)(i) of the Consumer Protection Act , 1986 (for short the Act) against the Opposite Party, M/s Angel Infrastructure Private Limited (hereinafter to be referred as the Opposite Party) seeking refund of Rs. 1,01,98,243 (Rupees One Crore One Lakh Ninety Eight Thousand Two Hundred and Forty Three Only), which was paid by the Complainant against the total consideration of the flat booked along with interest.

2. The brief facts as set out in the Complaint are that the Complainant booked a residential unit in a Project of Opposite Party namely FLORENCE ESTATE which the Opposite Party was to develop in Sector 70, Gurugram, Haryana, Unit No. B - 1404, Tower - B, 13th Floor with an area admeasuring 2,125 sq. ft., Unit Type - Apartment 3BHK+Study and which was allotted to him for a total basic sale price of Rs. 1,04,12,500.

3. The Complainant stated that after collecting the advance payment of Rs. 21,50,000 before the execution of the Apartment Buyer Agreement, the Opposite Party issued the Provisional Allotment Letter on 25.4.2013 and the Apartment Buyer Agreement (hereinafter to be referred as the Agreement) was executed between the parties on 8.5.2013. The Complainant opted for a Construction Linked Payment Plan. The payment demand on commencement of excavation was. raised by the Opposite Party on 1.6.2013. Hence the date for calculating the due date of possession would start from 1.6.2013. In terms of Clause 3.1 of the Agreement, the construction of the Unit was to be completed within 48 months, i.e. 4 years (With a grace period of 9 months) from the date of execution of the Agreement or date of obtaining license, permissions or approvals for the commencement to be delivered by Opposite of construction. Accordingly possession was Party on or before 1.6.2017.

4. The Complainant averred : that despite making payment of Rs.1,01,98,243(Rupees One Crore One Lakh Ninety Eight Thousand Two Hundred and Forty Three Only), out of the total sale consideration of Rs.1,23,23,164 (Rupees One Crore Twenty Three Lakh Twenty Three Thousand One Hundred and Sixty Four Only), the Opposite Party failed to complete the construction of the Project and offer possession of the Unit to the Complainant.

5. That Complainant averred that, the Apartment Buyer Agreement contained various one - sided, arbitrary, and unreasonable clauses. In terms of Clause 12.2, which reads as under:
It is agreed between the parties that in case the Purchaser(s) neglects, omits, ignore, or fails, for any reason whatsoever, to pay to the seller due amounts / installments as per this agreement on time, as stated herein above, and coming any breach of the undertakings and covenants contained herein for any reason whatsoever, then the seller shall be entitled to recover the entire amount due from the Purchaser(s) along with interest at the rate of 24% per annum from the date it is due until the day its paid to the seller and along with such right of recovery, the Seller shall also be entitled at its sole discretion, to terminate this agreement forthwith....

6. The Complainant submitted that the Opposite Party after collecting 85% of the total consideration of the Unit has failed to complete the construction of the Project and handover the possession of the Apartment to the Complainant.

7. Thus, being aggrieved, the Complainant filed this Complaint before this Commission with the following prayer:
(a) Allow the present compliant; and
(b) Direct the Opposite Party to refund the money paid by the Complainant till date Rs. 1,01,98,243 (Rupees One Crore One Lakh Ninety Eight Thousand Two Hu