ORDER

1.      Heard Mr. Raunak Jain, Advocate, for the complainant and Dr. Bipin K. Dwivedi, Advocate, for the opposite party.

2.      Rahul Jain has filed above complaint for directing the opposite party to (i) refund Rs.6264063/- with interest @18% per annum from the date of respective deposit till its realization; (ii) pay Rs.1000000/-, as compensation for mental agony and harassment; (iii) pay Rs.200000/- as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainant stated that M/s. Exact Developers & Promoters Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project/commercial building and selling its unit to the prospective buyers. The opposite party launched a project of commercial building, in the name of “The Ace”, at village Lakhnaula, CIP Manesar, on NH-8, Gurgaon, in the year 2007 and made wide publicity of its facilities and amenities. The complainant was earning his livelihood by trading steel products in Kanpur, Uttar Pradesh. The complainant felt need and requirement to open an office in Gurgaon region as this region was booming in infrastructure and real estate sectors and this office space would be closer to his prospective customer base and to secure orders of steel products and to earn his livelihood. Believing upon the representations of the opposite party, the complainant booked a commercial space on 06.02.2007 and deposited booking amount of Rs.1650000/-. The opposite party vide Provisional Allotment Letter dated 25.04.2007, allotted Unit No.504 Tower-A, super area 1055 sq.ft. total consideration of Rs.6593750/- and executed Buyer’s Agreement on 07.12.2007. Payment plan was “construction link payment plan”. The complainant paid the instalments on time as per demand of the opposite party and paid Rs.6264063/- till October, 2011. Clause-15 of the agreement provides that the opposite party shall deliver possession within a period of 24 months from the date of the agreement or approval of building plan, whichever is later. The date of agreement was later and period of 24 months expired on 06.12.2009. The opposite party did not make any communication during November, 2011 to January, 2013. The opposite party issued a letter dated 28.01.2013, for taking fit-out possession with demand of Rs.329687/- in the head of balance consideration and in various other heads. The complainant, through email dated 30.01.2013, sought for adjusting delay compensation payable to him and the details of the amount payable in the heads of EDC+IDC, covered car parking charges, Interest Bearing Maintenance Security and electric meter charges. Thereafter, the complainant made various telephone calls in the office of opposite party in that respect but no suitable reply was given. The complainant wrote another emails dated 17.04.2013 and 26.04.2013, in this respect, which were not responded. The complainant visited the site in September, 2013 and found that the construction was incomplete and proceeding as snails pace. The complainant then wrote email dated 18.09.2013, for refund of his entire amount with interest due to inordinate delay. The complainant gave a legal notice dated 09.08.2014, for refund of his amount with interest. In spite of service of the notice, money was not refunded then the complainant filed CC/479/2014 praying for refund with interest, before Delhi State Consumer Disputes Redressal Commission, who, vide order dated 01.09.2017, returned the complaint holding that it had no pecuniary jurisdiction. Then this complaint was filed on 12.09.2017, alleging deficiency in service. The complainant alleged that due date of possession expired in December, 2009 while “occupation certificate” was issued on 27.03.2014. There was more than four years delay but the opposite party did not give any delay compensation although realized 95% of