Failure to deliver property as promised in agreement constitutes grounds for claiming refund and compensation under consumer protection laws.

1. Dr. Inder Jit Singh, Member - The present Consumer Complaint (CC) has been filed by the Complainant against the opposite party as detailed above, inter aila praying for directing the OP to:
(i) refund of Rs.37,73,154 along with interest @18% p.a. from the respective dates of deposits till realization.
(ii) pay compensation of Rs.5,00,000 on account of causing financial hardship, mental agony, harassment, emotional disturbance caused to the complainant.
(iii) pay Rs.70,000 as litigation expenses etc.

2. Notice was issued to the opposite party on 6.8.2018 giving them 30 days' time to file their written statement.

3. It is averred / stated in the complaint that:
(i) That the complainant booked a flat admeasuring 1,881 sq.ft. on 20.8.2012 in the residential Project launched by the OP in the name of "Hyde Park Terraces" situated at Mullapur, New Chandigarh. Floor Buyers Agreement dated 28.8.2013 was entered between the parties. The total consideration for the flat was Rs.73,13,635, out of which, the complainant paid Rs.37,73,154 till 29.7.2013. The OP was liable to handover the possession of the unit within 30 months from the date of application, i.e. by 18.2.2015. The OP inserted many illegal Clauses in the floor buyer agreement and on raising the objection by the complainant the OP informed the complainant to forfeit their complete amount along with booking amount, in case the complainant does not enter in agreement with the OP and thus, the complainant had no option except just to sign the agreement with many arbitrary Clauses.
(ii) Despite promising several times and written commitments made in the independent Floor Buyers' Agreement, the OP failed to deliver the possession as promised and a new date of delivery of the unit was informed to the complainant whenever the complainant visited their office. The complainant wrote a letter dated 21.1.2014 to OP stating that since the OP is not disclosing the status of the unit, complainant will not make any further payment demanded by the OP. The complainant wrote a letter dated 10.6.2015 to OP for refund of amount deposited by the complainant. In addition to the above, OP has not provided a community hall, covered stilt parking, Yoga Centre, proper swimming pool, library, card / carom room, pool / billiards room and a clubhouse with modern facilities and several such facilities / amenities as was provided in the brochure / website for the said apartment project namely The Valley. Several other common facilities have not been provided, as promised initially by the OP.
(iii) Instead of refunding the money as asked by the complainant, the OP sent a letter dated 15.2.2016 offering the possession of the unit and also enclosing Final Statement of Account (FSA) allegedly mentioning an amount which is due from the complainant. Since the complainant already asked for refund of the amount from the OP vide letter dated 10.6.2015 but still OP sent the letter dated 15.2.2016 and offered the physical possession of the above mentioned unit while admitting the fact of the receipt of the OC for the above said independent floor and asked the complainant to deposit the amount of Rs.68,34,910 within one month with a condition that non - submission of payment as mentioned in the letter dated 15.2.2016 within 30 days of final statement of account would attract interest "Holding Charges" @ Rs.10 per sq.ft. per month as per the terms and conditions of Clause 13 of the Floor Buyer Agreement. The OP asked the complainant to deposit the arbitrary illegal demands on different heads. The Clause of the agreement is misused and manipulated according to the whims and fancies of the builder and Clauses of the agreement are misus