ORDER

1.      Heard Mr. Navdeep Singh, Advocate, for the complainant and Mr. Anil K. Airi, Senior Advocate assisted by Mr. Ravi Krishan Chandna, Advocate for the opposite party.      

2.      Mrs. Nutan Aggarwal has filed above complaint, for (a) declaring the act of the opposite party in not handing over the possession of the booked space, as deficiency in service and unfair trade practice and directing the opposite party to (b) hand over the possession of the booked unit No.P-2-1046, Plaza-II, Purearth, Central Square, Bara Hindu Rao, Delhi and execute and register the documents of transfer of title in favour of the complainant; (c) pay Rs.7217127.52 towards interest @ 18% p.a. on the deposited amount with pendent lite and future interest till handing over the possession; (d) pay Rs.10/- lacs as compensation for physical harassment and mental agony suffered by the complainant; (e) pay litigation cost; and (f) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainant stated that in the year 2006, the opposite party launched a project in Bara Hindu Rao, Delhi advertising that the project would be equipped with all modern facilities and other amenities for the comfort and future prospects and the possession of the space would be handed over within three years from the date of commencement of construction. The opposite party invited bookings from the general public. On 03.05.2006, the complainant, allured by the assurances and commitments made by the opposite party, booked a space admeasuring 782 sq. ft. in Central Square Plaza-II by paying booking amount and signing the agreement. In the agreement, there were some blanks which were to be filled by the opposite party before providing a copy thereof to the complainant. The opposite party did not supply the copy of the agreement to the complainant despite repeated requests and visits to the office of the opposite party. However, the opposite party kept on demanding payments which were made by the complainant. The total cost of the space was Rs.6451500/-, out of which the complainant paid Rs.6166303/-. Last instalment was to be paid at the time of handing over the possession. The opposite party neither informed the date of delivery of possession nor demanded the balance payment. The officials of the opposite party informed the complainant that the possession would be handed over within time and the tentative date of possession has been given on the website of the company. However, the officials of the opposite party assured that the possession would be handed over by March, 2010. In the similar situations and in the identical agreements with other buyers, the opposite party has promised to deliver the possession within 2 years with extension of 6 months. In the advertisements, the opposite party represented the commencement date as 07.09.2007. Despite receiving almost 95% amount, the opposite party failed to fulfil its commitment under the agreement. In case of delay in payment by the complainant, the opposite party has charged delay interest @ 18% p.a. from the buyers but there is no provision for delay compensation to the buyers in case of delay in handing over the possession. The Complainant sent several emails to the opposite party but the opposite party failed to reply to the same. Then the complainant sent a legal notice dated 05.07.2013 to the opposite party seeking possession of the space and delay compensation in the form of interest @ 18% p.a. on the amount deposited by the complainant and Rs.25000/- for harassment and cost of legal notice. The opposite party has not replied to the legal notice despite service. Then the complainant filed the above consumer complaint on 13.09.2013.  

4.      The opposite party has contested the complaint by filing its written version on 20.11.2013 stating that the complainant has booked the unit after knowing well the terms & conditions of the booking. Now, the complainant cannot allege