The court affirmed that the complainant had the right to a timely refund and compensation due to the OP's delay in property possession, rejecting OP's defense of force majeure.

1. The present Consumer Complaint (CC) has been filed by the Complainant against the opposite party (OP) as detailed above, inter aila praying for directing the OP to:
(i) refund of Rs.64,41,641.31 paid by the complainant.
(ii) make payment of interest @18% p.a. on the amount already paid by the complainant to the OP from the date of payment till the actual realization of the same.
(iii) pay a sum of Rs.5,00,000 on account of mental agony and harassment to the complainant.
(iv) pay sum of Rs.50,000 to the complainant towards cost of present proceedings and litigation expenses.

2. Notice was issued to the opposite party on 4.4.2019 giving them 30 days' time to file their written statement.

3. It is averred / stated in the complaint that:
(i) That the complainant booked vide booking form dated 4.12.2013 a flat in the residential Project launched by the OP in the name of "Tranquil Height" at their Township 'Vatika Next City' located at Sector - 82A, Gurugram, Haryana and allotment offer letter dated 14.10.2014 was issued to the complainant by the OP whereby the complainant was offered allotment of a residential apartment in the project of the OP and was Unit No. 1801, on the 18th Floor, Tower - E, Sector 82A, Type - 3BHK +S (Type A) with a Preferential Location - corner, admeasuring 2,265 sq.ft. Buyer's Agreement dated 22.9.2015 was entered between the parties. The total consideration for the flat was Rs.1,55,33,370, out of which, the complainant paid Rs.64,41,641.31 till 26.7.2017. The construction linked payment plan was adopted. The OP was liable to handover the possession of the unit within 48 months from the date of execution of the agreement, i.e. by September 2019.
(ii) The OP had started making demands from the very date of booking. The complainant was never intimated as to the development stage of the project or regarding the date of possession. All such requests made by the complainant were ignored by the OP. The Agreement entered into between the parties is a unilateral agreement. That in case of delayed payments the OP is entitled to impose 18% interest on the delayed payments. On the other hand the delay compensation given by the OP to the complainant in case of delay in delivery in possession as per clause 18 of the Agreement is calculated at the rate of only Rs.7.50 per sq.ft. of the Super area per month, which is only peanuts while comparing it with the exorbitant rate of interest charged on delayed payments. The complainant has submitted that despite receiving huge consideration amount, the OP has not assured the timely construction of the project and has delayed the project by several years.
(iii) It is also submitted by the complainant that this is a case when the OP has misused its dominant position resulting in the mental, physical and financial harassment to the complainant and that the complainant was not seeing any development on the project site and therefore, was forced to approach the OP and their officials. The complainant time and again visited the office of OP enquiring about the status of the project but the OP always stated that the project is on verge of completion. But it is still under construction and OP company will not be able to complete the construction anytime soon and deliver the possession in coming years. It is the strong apprehension of the complainant that the money paid by the complainant and the like allottees have been hoodwinked by the OP into other projects due to which the present project has been on standstill since several years.
(iv) It is submitted that the complainant is entitled to know the status of construction of the project, but the OP has not provided any update to the complainant. The OP after having rece