ORDER

JUSTICE SUDIP AHLUWALIA, MEMBER

The present Consumer Complaint has been filed by Complainant namely Raminder Kaur under Section 21 r/w section 12(1)(a) of the Consumer Protection Act 1986, against M/s Emaar MGF Land Ltd. seeking refund of the entire amount collected by the Opposite Party from the Complainant towards consideration of the Unit along with other ancillary reliefs.

2.  The brief facts leading upto the present Complaint as stated by the Complainant in her Complaint are that she had booked a 3BHK Residential Apartmentin a project being developed by the Opposite Party namely ‘Palm Gardens’ situated at Sector-83, Gurgaon, Haryana, for a total consideration of Rs.1,23,79,729/-.The Complainant applied for a unit by filing an Application form dated 30.05.2012 and paying a booking amount of Rs.7,50,000/-. She was allotted Apartment No.-PGN-02-0301, measuring a super area of 1720 sq. ft. approximately vide the Allotment Letter dated 11.06.2012. She had opted for Construction Linked Payment Plan. The Complainant claims that the Opposite Party had to offer the unit by 11.10.2015 extendable to 11.01.2016.She further claims to have paid Rs.1,08,16,927/- by June, 2015 to the Opposite Party towards the Unit.

3.  The Opposite Party executed a Buyer’s Agreement dated 11.10.2012 with the complainant. As per clause 10(a) of the Agreement, the possession was to be handed over within 36 months from the date of execution of the Agreement plus a grace period of 3 months. Hence, the unit was due to be handed over by 11.01.2016.

4.  The Opposite Party, however, failed to complete the construction and offer possession of the unit by the promised date of possession and further failed to refund the money taken from the Complainant.

5.  The Complainant has submitted in her complaint that she took a Home Loan from ICICI Bank to make timely payments to the Opposite Party and is paying EMIs for the same. She further claims that she is residing in rented premises, and delay by the Opposite Party has added to her financial burden. Apart from the subject unit in question in the present Complaint, the Complainant’s husband also invested in the said project and was allotted unit No. PGN-08-0002. The Complainant has further categorically stated that the purpose of investing in two Apartments in same project was twofold i.e., to use one apartment as residence and proceeds from other apartment were to pay for marriage of Complainant’s daughter. However, owing to delay by the Opposite Party, the Complainant started suffering from shortage of finances.Hence, she requested the Opposite Party to cancel unit PGN-01-0301 and refund the entire money. It is further averred that the Opposite Party refusing the said request came up with a proposal to refund Rs.70 Lacs from the total paid amount of Rs.1,08,16,927/- with pre-conditions to return the said sum back to the Opposite Party within 30 days from date of offer of possession, and to not seek any compensation for delay. With the aforesaid conditions, the parties entered into an MOU dated 11.09.2017. It is also stated by the Complainant that it was agreed between the parties that the Opposite Party would not be demanding the 13^th instalment from the Complainant, thereby deferring it and it would be only demanded at the time of intimation of possession along with the final instalment No.14 and principal amount of Rs.70 Lacs which was returned to the Complainant. However, the Opposite Party demanded the 13^th instalment, and also levied interest on Rs.70 Lakhs in breach of terms of the MOU. It is further alleged that the Opposite Party offered possession vide letter dated 05.11.2019 in haste and subsequently demanded balance payments.Further, the Opposite Party wrongly demanded interest on Rs.70.00 Lakhs, PLC and the delayed payment charges. The Complainant also claims that she was intent on paying the legitimate dues and requested the Opposite Party to supply correct Statement of Accounts. She further alleges tha