Consumer rights include timely possession and refund in cases of inordinate delays by builders, ensuring protections under consumer law are maintained.

1. This complaint has been filed under S.21(a)(i) of the Consumer Protection Act, 1986 (in short, the ˜Act) alleging deficiency in service and unfair trade practice in respect of a flat booked by them with the opposite party viz., Forte Point India Pvt. Ltd., in a project promoted and developed by it and seeking refund of the amount deposited along with interest and other compensation.

2. Briefly, the facts of the case are that the complainant had booked a three bedroom residential flat admeasuring 1,762 sq ft in a group housing project ˜The Olive Spire in Sector 70A, Gurgaon (in short, the ˜project) being developed and promoted by the opposite party as the first Residential Green Building Project. The construction was promised to be completed within 36 months along with various facilities of club building, sports complex, park, community center, shopping arcade, park, etc. Opposite party No. 1 assured the complainant that the project was being developed through opposite party No. 5, a registered company, under an agreement dated 3.10.2009 read with addendums dated 22.1.2010 and 22.7.2010 and that in the eventuality the agreement between them was frustrated for any reason, opposite party no. 1 will refund the amount to the complainant.

3. The sale consideration for the flat was Rs. 88,10,000 inclusive of EDC / IDC, club house charges, IBMS and other charges. A 12% rebate was offered by opposite party No. 1 on payment of 95% down payment and accordingly on 4.2.2013 the complainant opted for the same and paid 95% down payment of Rs. 63,00,000 against the sale consideration of Rs. 73,00,739 for which a receipt was issued on 6.2.2013. Apartment No. C - 505 was allotted by the opposite party. Thereafter, on 14.2.2014 an Apartment Buyer Agreement (in short, the ˜Agreement) was sent by the opposite party which was signed by the complainant in good faith as 95% of the consideration had already been paid. As construction did not commence, the complainant made enquiries only to learn that there was a land dispute between opposite parties Nos.1 and 5. On 19.1.2016 the complainant served a legal notice demanding refund with interest at 24% rate of interest and costs of Rs. 40,00,000 as nearly 3 years had elapsed to compensate him for the loss of opportunity. Since the opposite party refused to admit any liability, the complainant approached this Commission in Consumer Complaint No. 124 of 2016 which ultimately came to be withdrawn on 22.2.2016 as being premature as the period of 36 months for construction had not expired.

4. The complainant has averred that the delay in offering possession has been inordinate and amounts to deficiency in service in not offering possession within the stipulated time. He is therefore before this Commission with the following prayer:
(a) direct the opposite parties to pay Rs. 1,66,00,000 (Rupees One crore sixty six lakh only) towards refund of 95% down payment, interest and compensation to the complainant with interest @ 24% till its realization;
(b) award cost of litigation in favour of the complainant; and
(c) pass any other order(s) or direction(s), which this Honble Commission deems fit and proper under the circumstances.

5. The opposite party has contested the complaint by way of reply. It is contended that the complaint is without merit and is vexatious. Preliminary objection has been taken that the complainant is not a ˜consumer but a speculative investor since he is already a resident of New Delhi and his previous complaint was intended only to make gains from the investment in the booking of the pre