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Judgment
Deepa Sharma, Presiding Member
The brief admitted facts of the case are that in July 2013 the complainants had booked an apartment with the opposite party by paying an amount and they were allotted apartment no. 106-T01-20/04 measuring 1940 sq. ft. in 106 Golf Avenue, Gurgaon. On 19.07.2013 the Apartments Buyer Agreement was executed between the parties. As per the agreement the date of delivery of possession of the subject flat was in January 2017. The complainants have so far paid a sum of Rs.1,16,01,652/- on various dates. They had been promised vide emails of delivery of possession but till the filing of the complaint in the year 2019 the possession of the said flat was not delivered to the complainants. The complainants have alleged that this amounts to deficiency in service on the part of the opposite party. It is further contended that till the filing of the complaint the project was not completed and no occupancy certificate had been obtained by the opposite party. The complainants in their complaint have prayed for the delivery of possession along with interest @ 18% p.a. on account of delay in handing over of the possession and in alternate the complainant had claimed refund of the deposited amount along with interest @ 18% p.a. as also claimed Rs.2 lakh as litigation cost and Rs.50,000/- towards mental agony and harassment.
In the written version the opposite party has made several contentions. They have given detailed reasons for delay in completion of the project which they attributed to the several statutory authorities including RERA and HRERA. It is also contended that there was no deficiency in service on their part.
We have heard the arguments of learned counsel for the complainants since it is mentioned by learned counsel for the complainants that it is a covered matter although none had appeared on behalf of the opposite parties.
During the course of arguments, learned counsel for the complainants has submitted that it is a covered matter under the order of this Commission in Consumer Complaint No. 437 of 2019 titled as Prem Raj Sethi Vs. M/s Chandigarh Developers Ltd. & Anr. decided on 12th March, 2021. It is submitted that this order pertains to the same project. It is also argued that there are number of judgments / orders of this Commission which are in Consumer Complaint No. 3775, 3776 and 3810 of 2017 and Consumer Complaint No. 962 of 2018 which was decided vide order dated 26.11.2019.
It is submitted that vide all these orders this Commission has found opposite party guilty of deficiency in service and had rejected all the contentions raised by them relating to delay in completion and had ordered for the refund of the deposited amount. It is submitted that the same order shall be passed in this complaint case.
We have gone through the said order and we are satisfied that it is a covered matter and accordingly we issue similar directions:
ORDER
The opposite party is directed to refund a sum of Rs.1,16,01,652/- along with simple interest @ 12% from the respective dates of deposit till the date of realization together with costs of Rs.25,000/- to be paid within a period of 12 weeks from the date of receipt of the copy of this order, failing which the amount shall carry simple interest @ 14% pa. for the same period.
The complaint stands disposed; of with the above directions.