ORDER

1.      Heard Mrunmaya Kar, the complainant in person.

2.      The complaint has been filed for (i) refund of Rs.31.78 lacs with interest @ 18% p.a.; (ii) to pay Rs.10.50 lacs as the compensation for increase of land and construction price; (iii) to pay Rs.1000000/- for mental agony and harassment; (iv) to pay Rs.1200000/-, as the rent paid from 2011 till the filing of the complaint; (v) to pay Rs.13.54 lacs as gross deduction of income from 2011 till the date as rebate on housing loan. 

3.      The facts, as stated in the complaint and emerged from the documents attached with it, are that M/s. Piyush Buildwell India Ltd. (builder) was a company registered under the Companies Act,1956 and engaged in the business of development in real estate. The builder launched a project in the name of “Piyus Height” at Sector 89, Faridabad, Haryana. Mr. Vishal Sood and Ms. Ashu Sood applied for and were allotted Flat No.D-111, First Floor, Tower - D, super area 1446.07 sq.ft., Basic Sale Price Rs.2821040/-. Thereafter the complainant purchased the aforesaid flat on 23.04.2008 from Mr. Vishal Sood and Ms. Ashu Sood with the approval of the builder.  The Builder Buyer’s Agreement was executed in favour of the complainant on 19.06.2008. The payment plan was a “Construction Linked Payment Plan”, in which, sale price was required to be paid on percentage basis at different levels of the construction. It is alleged that the complainant deposited total Rs.3172600.87, time to time. On completion of construction, builder applied for issue of “Occupation Certificate”, which was granted on 26.02.2014. Thereafter, the builder offered possession on 03.03.2014. Along with the letter of offer of possession, the builder supplied statement of account to the complainant requiring him to deposit Rs.1633542.15. The complainant did not deposit the amount as demanded. The builder then issued reminder dated 09.06.2014. Then the complainant began to demand refund of his deposit along with compensation for delay in offer of possession. The builder, vide letter dated 24.03.2015, agreed to waive ‘holding charges’ of Rs.93772/-. However, the complainant gave a legal notice dated 01.04.2015 to refund his amount with compounding interest @24%. Then this complaint was filed on 11.05.2015.

 4.     The builder filed its written reply on 28.09.2015, in which, the material facts have not been denied. It has been stated that under the Builder Buyer’s Agreement dated 19.06.2008, construction has to be completed within 36 months with grace period of six months. The construction was completed in the year 2013. Thereafter, the builder applied for issue of Occupation Certificate, which was issued by competent authority on 26.02.2014, thereafter the builder has issued offer of possession letter on 03.03.2014. The complainant instead of depositing the balance amount, begun to write one or other letters raising his objection to demand of money as mentioned in the statement of account dated 03.03.2014.  All the demands were raised in terms of Builder Buyer’s Agreement dated 19.06.2008. So far as holding charges is concerned, the builder vide letter dated 24.03.2015 agreed to waive holding charges, but instead of depositing the amount, the present complaint has been filed for refund of the money. The complainant has deposited total amount of Rs.3172600.87, while, in the present complaint, the complainant has claimed  Rs.127.92 lacs which is mala fide. The payment plan was a “Construction Linked Payment Plan”, as such the amounts were realised at the various levels of the construction. In the facts of the case, there was no unreasonable delay in completing the construction. The complainant was not entitled for the relief claimed in the complaint and the complaint is liable to be dismissed.   

5.      The complainant has filed his rejoinder reply and Affidavit of Evidence on 25.05.2016. The builder filed Affidavit of Evidence of Vijay Kumar Garg on 06.09.2016. Both the parties have file