S.RAVINDRA BHAT,J. - (1.) The appellant (hereafter called "Laureate" or "the builder") is aggrieved by an order of the National Consumer Dispute Redressal Commission ,In Consumer case No. 1183/2017, decided on 29-05-2019 (hereafter "NCDRC"). The respondent (hereafter "the purchaser") had sought, through his complaint a direction against the builder, for refund of the consideration amount of Rs 1,93,70,883/- received by the latter, as consideration for sale of a flat along with interest @ 24% p.a. from the date different instalments were paid, as well as compensation and costs.
(2.) The relevant facts are that one Ms. Madhabi Venkatraman (hereafter "the original allottee") applied on 29.08.2012 for allotment of a residential flat (No. 7013, (hereafter "the flat") admeasuring 4545 sq. ft., in Nectarine Tower "PARX LAUREATE" at Sector- 108, Expressway, Noida. The flat was to be developed by the builder (Laureate). She paid the registration amount of Rs 7,00,000/-. On 16.10.2012, an allotment letter was issued to the original allottee, for the flat after deposit of Rs 32,33,657/- out of the total sale consideration of Rs 2,47,29,405/-. According to the allotment letter, the possession of the flat was to be handed over within 36 months (from the date of allotment letter) i.e., latest by 15.10.2015. The original allottee made payment to the tune of Rs 1,55,89,329/-, for the first seven instalments as demanded by Laureate. On 16.02.2015, after noticing the slow pace of construction, the original allottee decided to sell the flat. The purchaser who was in search of a residential flat was approached by her through a broker. He was assured that the possession of the flat would be delivered on time, and he agreed to purchase the flat and paid an amount of 1,00,000/- as advance towards the total sale consideration of Rs 1,55,89,329/-. The purchaser and the original allottee agreed that the balance amount of sale consideration would be paid on or before 15.10.2015 and further that the purchaser would pay the outstanding instalments beyond Rs 1,55,89,329/- directly after transfer of the flat to him. Demand letters for two instalments (Nos. 8 & 9) were issued by Laureate and payment to the tune of Rs 21, 68,694/- was made by the original allottee.
(3.) The purchaser alleged that possession was not delivered in October, 2015 as promised (in the allotment letter). He decided to wait for the possession and not to make any payment towards the sale; however, the original allottee insisted upon the execution of an agreement to sell and demanded payment of instalments, which she had made to the builder, stating that she could not wait any further and she would forfeit the earnest money and cancel the deal. The purchaser alleged that he made enquiries from the officials of the builder, who assured that the possession would be delivered by June 2016. Therefore, the purchaser, on 17.02.2016, entered into an agreement of sale with the original allottee, and paid an amount of Rs 1,85,00,000/-.;