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Judgment
The present Review Application has been filed by Ms. Pritam Joshi Applicant/Complainant praying for review of the Order dated 20.09.2019 passed by this Commission wherein the Consumer Complaint No. 992 / 2016 filed by the Complainants was allowed as under:
“ 26. Hence, this Complaint is allowed with following directions:-
(i) the Developer has to refund the entire amount deposited by the Complainants/Flat Purchasers who have not taken possession of the Apartments along with compensation @ 12% p.a. from the date of deposit till the actual date of payment;
(ii) The Developer is also liable to pay 50,000/- as cost of litigation to each of the Complainants/Flat Purchasers who have not taken possession of the Apartments and to whom the refund is being made.
Time for compliance of the above directions is four weeks from the date of this order, failing which the amount of compensation shall be increased to 15% p.a. ”
Ms. Pritam Joshi, Complainant in person, submitted that despite depositing a sum of 1,36,58,741.31ps. (Rupees One Crore Thirty Six Lakh Fifty Eight Thousand Seven Hundred Forty One and thirty one paisa) till May, 2017 with the Opposite Party Developer, the possession of the Unit was handed over only on 06.09.2019, i.e., with a delay of 5½ years from the expected date of delivery. It was further submitted that vide Order dated 20.09.2019, this Commission has awarded relief/compensation to the Complainants who had sought refund but no relief/compensation has been awarded towards mental agony and harassment for delayed delivery of possession to her. It was prayed that the Order dated 20.09.2019 be recalled and a direction be issued to the Opposite Party Developer to pay delay compensation in the form of simple interest @12% p.a. on the deposited amount from the proposed date of delivery, i.e., March 2014 till 06.09.2019, i.e., the actual date of delivery of the possession of the Unit to her.
I have heard Ms. Pritam Joshi, Complainant in person and perused the averments made in the Application as also the Order dated 20.09.2019 passed by this Commission in CC No. 992 / 2016 “Barun Jolly & Anr. vs. M/s CHD Developers Ltd.”
It is not in dispute that despite depositing a huge sum with the Opposite Party Developer, the possession of the Unit was delivered to the Complainant/Review Applicant only on 06.09.2019, i.e., with a delay of 5½ years from the expected date of delivery.
I find it a fit case to place reliance on the Judgment dated 11.01.2021 passed by the Hon’ble Supreme Court in “Ireo Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Ors.” [Civil Appeal No. 5785 / 2019 & other connected Appeals], in which the Hon’ble Apex Court has observed as hereunder :
“......The Developer is however obligated to pay Delay Compensation for the period of delay which has occurred from 27.11.2018 till the date of offer of possession was made to the allottees….”
Respectfully following the principle laid down by the Hon’ble Supreme Court in “Ireo Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Ors.” (supra), the Review Applicant/Complainant/Allottee is also entitled for Compensation for delayed delivery of the possession of the Unit/Flat. Keeping in view the peculiar facts and circumstances of the case, in my view the compensation in the form of simple interest @9% p.a. from 15.03.2014, the expected date of delivery till 06.09.2019, i.e., the actual date of possession alongwith cost of 50,000/- would meet the ends of justice.
Consequently, the Opposite Party Developer is directed to pay interest on the amount deposited @9% p.a. w.e.f. 15.03.2014, i.e., the expected date of delivery of the possession, till 06.09.2019, the actual date of possession to the Review Applicant/Complainant, within four weeks from today. The OP Developer shall also pay cost of 50,000/- to the Review Applicant/Complainant.
The Review Application stands disposed off in above terms.