ORDER

DR.INDERJIT SINGH, PRESIDING MEMBER

1. This Consumer Complaint has been filed by the Complainant against Opposite Party as detailed above, inter alia praying for directions to the OP(s) to:-

(i) hand over the possession.

(ii) award costs and litigation expenses of Rs. 1,50,000/-.

(iii) pay interest @18% p.a. on delay of possession as the OP have intention to charge interest on minor delay.

(iv) pay rent @40000/- per month, which complainant is paying outside as possession not given with Rs.5/- per sq.ft, penalty as per agreement.

(v) provide the Completion Certificate from the authority and don't force the complainant to have possession without completion certificate;

Or in alternative If possession is not possible, OP be directed to return all the amounts deposited with compounding interest @18% quarterly, from the date of deposit till the realization of said amount along with litigation expenses to the tune of Rs. 1,50,000/-.

vi) award damages to the tune of Rs.l crore as explained in the body of the complaint.

vii) grant permission to the Complainant to plead and pray for alternative prayer(s) if so required, at a later stage.

2. Notice was issued to the Opposite Party vide order dated 09.05.2017 with the direction to file written version within a maximum of 45 days from the date of receipt of notice in the Complaint. The OP did not file the written version within the stipulated period. Vide order dated 12.09.2017, another opportunity was granted to the OP to file the written version subject to payment of cost of Rs. 10,000/- for the said delay in filing the written version. Despite, the opportunity granted to the OP to file written version, the OP did not file the same and its right for filing the written version was closed vide order dated 31.01.2018. The OP filed application IA/7442/2018 for condonation of delay in filing the written version. Vide order dated 18.04.2018, application for condonation of delay was allowed subject to payment of cost of Rs.20,000/- to the Complainant. Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit and Written Arguments/Synopsis etc.

3. Brief facts of the case, as emerged from the Complaint are that: -On 13.10.2011, the Complainant booked independent villa/floor/unit on GF-17 having super built up area 1600 sq.ft, on the ground floor on Plot No. 17 Size 230 sq.yds. at Sushant Lok-1, Gurgaon Haryana for a total consideration of Rs. 1,42,50,000/-. Possession was to be given within 24 months, from the date of booking. Agreement was executed on 28.01.2012. The complainant paid approx. 65% of the consideration amount i.e. Rs.95,43,807/- (including service tax) till 19.10.2012. On enquiring from time to time between the period from 28.01.2014 till April, 2016, the OP did not reply regarding the status of possession of the said Villa/floor/unit. On 04.05.2016, the OP sent mail for cancellation of the unit and refunded amount of Rs.58,93,727/- after deducting Rs.36,50,080/- deposited as booking amount, which was in actual Rs. 14,25,000/- (10% of the total amount) from the total amount paid by the complainant in 2011. Thereafter, the complainant sent emails and contacted the company official for restoring of independent villa and for giving the date of possession in writing so that payment can be made, but received no reply. On 13.09.2016, the complainant sent mail - (a) for restoring the booking as he was ready to pay the balance amount on date of possession. The possession date, was still not confirmed by the company, (b) for refund of balance payments as net amount to receive RS.36,50,080/- + interest due from 2011. On 08.10.2016, the complainant sent a legal notice, but no reply was received. Hence, the Complainant is before the Commission, with the above prayers.

4. The OP in their written statement/reply stated that:

(i) the complaint is liable to be dismissed on the ground of misstatement and concealment of facts on the