1.        The admitted facts of the case are that the Complainant purchased a Flat bearing No. C4-801 in the project “Parsvnath Exotica” at Golf Course Road, Gurugram, Haryana, at 8^th floor in Tower No. C-4/801 having approximate area of 2645 sq. ft.  The basic sale price of the flat was fixed at Rs.1,78,66,975/- and all terms and conditions were duly incorporated in the Builder Buyer Agreement executed on 21.12.2010.  The possession of the said flat was to be handed over within 24 months i.e. up til 20.12.2012. However, possession was not handed over within the agreed stipulated period on one pretext or the other.  Vide letter dated 23.03.2016 opposite party admitted that the possession was delayed and promised that the complainant shall be compensated for delay in possession as per clause 10(c) of the Agreement.  On 21.02.2017 without the consent of the complainant, the opposite party sent a letter to the complainant informing him that his flat has been interchanged with C4-201.  On enquiry it was informed that the flat earlier allotted to the complainant was converted into Pent House.  Complainant was not agreeable to the same; however, complainant was surprised to receive summons from the Hon’ble Court of C.J. (S.D.), Gurugram, Haryana, which was filed by one M/s Delhi Iron & Steel Co. Pvt. Ltd, against Parvsnath Developers Ltd. & Ors. and complainant was impleaded as a necessary party in the capacity of defendant no. 5 in that case.  Complainant wrote various letters to the opposite party for delivery of possession but opposite party failed to hand over the possession till the filing of this complaint.  Complainant sent a legal cum demand notice dated 29.05.2019 to the opposite party which was not responded to.

2.        The Complaint was contested by the Opposite Party. It is contended that the complainant has not been able to establish any deficiency in service and the complaint has been filed without any substantial proof.  As per opposite party, the recession in the real estate sector was primarily the reason for delay in completion of the project.  The reasons for delay in completion of the project were beyond the control of opposite party.  It is contended that opposite party after duly informing the complainant inter changed the unit of the complainant from C4-801 to C4-201.  As new allotted flat is on the 2^nd floor, opposite party was to charge 5% PLC on the basic cost.  It is submitted that complainant has been offered possession and there is no negligence or delay on their part so as to entitle the complainant to claim any amount from them. Complaint being frivolous and vexation, is liable to be dismissed with exemplary costs.

3.        Parties led their evidences. I have heard the arguments and perused the relevant record.

4.       After some arguments, learned counsel for the complainant as well as the learned counsel for the opposite party on instructions from their respective clients, agreed to the complaint being disposed of in terms of the following consent order:

(1)       The opposite party shall refund the entire amount deposited by the complainant within three months along with interest @ 9% p.a. from the respective dates of deposit, failing which the applicable rate of interest shall be 12%;

(2)       The opposite party shall pay the complainant litigation cost of Rs.25,000/-

               With these directions, the Complaint stands disposed of.