1. This Appeal has been filed by the Appellant / Opposite Party against Respondents / Legal Heirs of the original Complainant, challenging the impugned Order dated 5.5.2017 passed by the Ld. State Commission, Delhi, in Complaint Case bearing No. 406 of 2011. Vide such Order, the State Commission had allowed the Complaint.

2. The brief facts of the case are that relying upon the assurance of the Opposite Party that the possession would be handed over by March, 2011, the Complainant had booked a Flat in a new Group Housing Project launched by the Opposite Party, situated at Sector - 76, Faridabad in 2008. Subsequently, the Complainant was allotted a Flat bearing No. T - 7/101, Park Floors, BPTP after payment of Rs. 5,00,000 on 15.12.2008. It was averred that time was the essence of the contract. The Complainant further claimed to have paid Rs.16,04,533 by April, 2009. It was the case of the Complainant that on his visit to the construction site in June, 2010, it was found that he was allotted the Flat in a building which was not supposed to be constructed. Therefore, the Complainant claimed cheating and fraud by the Opposite Party. Consequently, he requested for refund and Email dated