1. The present Consumer Complaint (CC) has been filed by the Complainant against Opposite Parties (OPs) as detailed above, inter alia praying for directions to the OPs to:-

1. Pay a sum of Rs.49,72,420/- with Rs.33,03,725/- as 18% interest totalling to sum of Rs.82,76,145/- till the date of its actual realization/payment and apart from this HDFC bank is liable to pay the amount it is deducting as a Pre EMI from the account of the complainant from December, 2016 onwards.

2. Award Rs.20,00,000/- as compensation towards mental agony, torture, harassment, financial loss.

3. To pay cost of litigation.

2. Notice was issued to the OP(s).  Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit and Written Arguments/Synopsis etc. as per details given in the Table at Annexure-A.  The details of the flats allotted to the Complainant/other relevant details, based on pleadings of the parties and other records of the case are also given in the Table at Annexure- A.

3. Brief facts of the case, as emerged from the pleadings of the parties and other case records are that in the year 2013, the complainant booked a flat in the project of the OPs known as ‘Pedestal @70A’ at Sector-70 & 70A, Gurgaon, Haryana for a total consideration of Rs.1,23,48,969/-.  Unit No. D-46-SF was allotted vide allotment letter dated 12.11.2013. Floor Buyer’s Agreement was executed between the parties on 07.02.2014 and the OPs promised to deliver the possession till November 2015 under subvention scheme with tripartite agreement between OP, Complainant and HDFC Bank.  But even construction was not started till November 2015.  As the OP failed to deliver the possession, the complainant sought refund of the amount paid.

4. During the arguments on 07.03.2023, the counsel for the OPs expressed its willingness to refund the amount paid by the complainant alongwith interest as decided by the Commission.

5. A perusal of records show that an amount of Rs.49,72,420/- has been received by the OP, out of which Rs.29,82,243/- has been paid by HDFC to OP on behalf of the complainant and balance by complainant directly to OP.  Hence, the complainant is entitled to refund of this amount with interest.

6. After giving a thoughtful consideration to the entire facts and circumstances of the case and keeping in view the statement of OPs during the hearing on 07.03.2023 expressing their willingness to refund the amount, the Consumer Complaint is allowed/disposed off with the following directions/reliefs: -

(i) The OP(s) shall refund the entire principal amount of Rs.49,72,420/- (Rs. forty nine lakh seventy two thousand four hundred twenty only) to the complainant, alongwith compensation in the form of simple interest @ 9% per annum from the date of each payment till the date of refund.  The principal amount refundable mentioned in this para is subject to verification of actual amount paid by the complainant directly to OP, as well as amount paid by HDFC to OP on behalf of complainant based on receipts etc.

(ii) Parties to bear their respective litigation costs.

          (iii) The liability of the OP(s) shall be joint as well as several.

(iv) The payment in terms of this order shall be paid within three months from today.

(v) As the complainant has taken loan from HDFC Bank and the same/some portion of the same is still outstanding, the refund amount will be first utilized for repaying the outstanding amount of such loan and balance will be retained by the complainant.The complainant would submit the requisite documents from the concerned bank to the OP(s) four weeks from receipt of this order to enable them to issue refund cheques/drafts accordingly.

7. The pending IAs, in the Consumer Complaint, if any, also stand disposed

off.