ORDER

1.       Heard Mr. Sachin Sharma, Advocate, for the appellant and Mr. Tara Chand Gupta, Advocate, for the respondent. 

2.       Above appeal has been filed against the order of State Consumer Disputes Redressal Commission, Delhi, dated 18.05.2023, allowing CC/144/2019, with cost of Rs.50000/- and directing the appellant to refund the entire amount of Rs.1734768/- paid by the respondent with an interest @6% per annum from the date of each deposit till 18.05.2023 in case the opposite party pays the entire amount on or before 18.07.2023 and if it fails to do so within that period, then the entire amount is to be refunded with an interest @9% per annum from the date of each deposit till realization and pay compensation of Rs.100000/- for mental agony and harassment.

3.       Bipin Gupta (the respondent) filed CC/144/2019, for directing M/s TDI Infrastructure Ltd. (the appellant), to (i) handover possession of Apartment no. 504, having 150.9625 sq. mtr. area in Tower-D, Building D-1, TDI City, Kundli, Sonepat to the complainant; (ii) to pay Rs.2 lacs as compensation for harassment and torture; (iii) to pay Rs.25000/- as litigation expenses; and (iv) any other relief which is deemed fit and proper in the facts of the case. 

4.       The complainant stated that the opposite party launched a group housing project in the name of “TDI City” at Kundli, Sonepat in the year 2005 and made wide publicity of it. Believing upon the representation of the opposite party the complainant booked a flat with the opposite party in “TDI City” and had deposited the booking amount of Rs.400000/- on 20.07.2005.  Subsequently, the opposite party allotted Apartment no.504, having 150.9625 sq. mtr. area in Tower-D. The opposite party executed Apartment Buyer’s Agreement dated 20.07.2007, in which basic consideration of Rs.2356250/- was mentioned. Payment plan was “construction link payment plan”. The complainant paid instalments as per demand of the opposite party from time to time.  As per Clause 6.1 of the Agreement dated 20.07.2007, construction was to be completed within a period of three years from the date of execution of agreement, which period expired on 20.07.2010. Although the complainant has made payment of Rs.1734768/- to the opposite party but the project was still incomplete. The opposite party, vide letter dated 21.10.2010, asked the complainant to deposit entire balance amount by 20.11.2010 otherwise the opposite party would cancel the provisional allotment of the complainant without any further notice. The complainant raised a protest against the demand and had meeting with the official of the opposite party on in January, 2011, in which, the complainant was asked to payment and was assured possession within short time. The complainant sent a cheque No.968377 dated 20.01.2011 of Rs.757501/- in respect of the balance final payment in favour of the opposite party which has not been presented yet by the opposite party.  The complainant wrote numerous letters and legal notices but in spite of service of the notices, the opposite party did not issue possession letter of the allotted apartment to him. The opposite party did not provide the correct statement of account of the complainant despite of repeated requests of the complainant. Then the complaint was filed before District Consumer Forum on 16.01.2013 (registered as CC/63/2013). 

5.       The appellant filed written version and contested the complaint admitting booking of a flat in “TDI City” vide advance registration form, issue of provisional allotment letter allotting Flat No. D-1-0504 and execution of Apartment Buyer’s Agreement dated 20.07.2007, in which, payment plan was “construction link payment plan”. The opposite party stated that they raised demand of the instalment payable on ‘Casting 7^th Floor Slab’ vide letter dated 15.10.2009 and the instalment payable on ‘Completion of Internal Plumbing’ vide letter dated 04.06.2010 and Reminder dated 10.06.2010 but the complainant did not