1. The present Consumer Complaint (CC) has been filed under S.21 of the Consumer Protection Act, 1986 for short 'the Act' by the Complainant against Opposite party (OP) as detailed above, inter alia praying for:
(i) To direct OP to pay a sum of Rs. 30,74,813 along with interest @ 24% from date of refund of the monies paid by the Complainant for flat.
(ii) To direct OP to pay Rs. 5 lakh towards compensation for mental agony and harassment.
(ii) To direct OP to pay Rs. 1 lakh towards litigation cost

2. Notice was issued to OP, giving them 45 days' time to file written statement. Written statement was filed by OP.

3. It is averred in the Complaint that:
(i) The complainant booked a residential apartment with the OP in a project namely 'Rise' which the OP was to develop in Sector 37 - D of Gurgaon. The booking was made on 2.2.2013. After allotment of a residential apartment bearing No. B - 1101 having super area of 1825 sq.ft. to the Complainant the parties executed an Apartment Buyers agreement (ABA) on 6.3.2013, incorporating their respective obligations in respect of the said transaction. As per ABA, the possession was proposed to be handed over to the complainant by September 2015. The