1.      Heard Mr. Krishnan Venugopal, Senior Advocate, assisted by Mr. Sumeet Sharma, Advocate, for the appellant and Mr. Piyush Sharma, Advocate, for the respondent-1, Mr. Devendra Kumar Singh, Advocate, for respondent-2, Mr. Mayank Singh, Advocate, for respondent-3. Mr. Aditya Parolia, Advocate, as an intervener, on legal issue.

2.      Jaiprakash Associates Limited (opposite party-2) has filed above appeal from the order of State Consumer Disputes Redressal Commission, Uttar Pradesh, dated 24.10.2018, passed in CC/347/2016, partly allowing the complaint with cost of Rs.10000/- and compensation of Rs.20000/- and directing the appellant to return Rs.4778280/- with interest @18% per annum from the date of respective deposit till the date of actual payment, firstly to Axis Bank Limited (opposite party-3), who had advanced loan to the complainant and secondly the balance amount to the complainant.

3.      The office has reported 89 days delay in filing the appeal. The appellant has filed IA/3673/2019, for condonation of delay. Cause shown is sufficient. The delay in filing the appeal is condoned.

4.      Deepti Kumar (respondent-1) filed CC/347/2016 for directing Jaypee Infratech Limited and Jaiprakash Associates Limited (opposite parties-1 and 2) (i) to refund Rs.4776280/- with interest @24% per annum, from the date of respective deposits till the date of refund, (ii) to pay Rs.39586/-, per month from 16.11.2015 till the date of refund, (iii) to pay Rs.20000/- per month towards rent from 16.11.2015 till the date of refund, (iv) to pay just compensation and punitive damages, (v) to direct opposite party-3 to pay Rs.5/- lacs, for committing unfair trade practice, (vi) to pay Rs.10000/-, as the cost of litigation; and (vii) any other relief, which is deemed fit and proper in the facts and circumstance of the case.

5.      The complainant stated that Jaypee Infratech Limited (respondent-2) and Jaiprakash Associates Limited (the appellant) (hereinafter referred to as the builders) were companies, registered under Companies Act, 1956 and engaged in the business of developing and constructing group housing project. They launched a group housing project in the name of “Garden Isles” at Jaypee Greens, Sector-131 &133, Noida and made wide publicity in the year 2011. Allured with lucrative advertisements and believing on it, the complainant applied for a flat and deposited the required money of Rs.2.5/- lacs on 06.02.2012. The builders provisionally allotted Unit No.-GDI 25-2103 (super area 1205 sq.ft., Basic Sale Price of Rs.4359690/- Total Consideration of Rs.4898890/-, including Rs.2.5/- lacs for