A. Consumer Protection Act, 1986 (68 of 1986), Section 23 -- Purchase of flat – Unfair terms and conditions – Effect of -- Terms of the Apartment Buyer’s Agreement were wholly one-sided and unfair to the Respondent/ Flat Purchaser – Appellant/ Builder could not seek to bind the Respondent with such one-sided contractual terms.

(Para 7)

B. Consumer Protection Act, 1986 (68 of 1986), Section 23 -- Haryana Real Estate (Regulation and Development) Rules, 2017, Rule 15 -- Delayed possession of flat – Refund with interest – Right of Flat purchaser –Appellant/ Builder failed in obtaining the Occupancy Certificate and offering possession of the flat to the Respondent/ Purchaser within the time stipulated in the Agreement, or within a reasonable time thereafter – Respondent/ Flat Purchaser could not be compelled to take possession of the flat, even though it was offered almost 2 years after the grace period under the Agreement expired – Respondent/ Flat Purchaser held entitled for refund of the entire amount deposited by him with Interest – National Commission rightly awarded Interest @10.7% S.I. p.a. by applying Rule 15 of the Haryana Real Estate (Regulation And Development) Rules, 2017 from the date of each installment till 05.02.2017 i.e. till the date after which the Order of stay of cancellation of the allotment was passed; and thereafter, from the date of the Commission’s final Order till the date on which the amount is refunded with Interest -- Civil Appeals dismissed, and the Final Judgment and Order passed by the National Consumer Disputes Redressal Commission affirmed.

(Para 8-10)