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Judgment
Deepa Sharma, Presiding Member
The present complaint has been filed seeking refund of the amount of Rs.2,19,51,791/-towards principal amount and interest accrued till 31.05.2018 or in the alternative to hand over the possession and a sum of Rs.20 lakhs towards compensation for negligence, unfair trade practice, harassment, agony and sum of Rs.55,000/- towards cost of litigation
Complainants have stated that they had booked a residential apartment in the project, namely, “The Coralwood & Almeria” (as per Flat Buyer’s Agreement dated 01.06.2012) being developed by the opposite party at Sector 84, Gurgaon. Allotment letter dated 09.05.2012 was issued to them whereby apartment bearing No. 10-A in Building 10-A for total consideration of Rs.1,28,52,000/- was issued. A flat buyer agreement was executed between the parties on 01.06.2012. As per clause 8 of the Builder-Buyer Agreement, opposite party was supposed to hand over possession of the flat within 36 months from the date of said agreement. The complainants in the complaint have stated that they paid an amount of Rs. 1,12,59,314/- to the opposite party till 19.12.2014. However, even till the filing of the consumer complaint, the possession had not been delivered. Hence, the present complaint.
The complaint has been resisted by the opposite party by filing the written statement. It is submitted that construction is complete and occupancy certificate dated 17.10.2018 has been obtained and it is submitted that delay had occurred due to default on the part of the allottees including the complainants in making timely payments of due instalments. It is also submitted that offer of possession was made on 23.11.2018, and, therefore, the complainants were bound to take the possession of the subject flat and not entitled for refund.
Rejoinder had been filed by the complainant
Parties led their evidences. The matter was fixed for final arguments and it is argued on behalf of the complainants that it is a covered case covered under the judgments of the National Commission in Consumer Complaint No. 1632 of 2017 titled Ria Gupta ( Earlier as Runjhun Gupta) & Anr. Vs. S.S.Group Pvt. Ltd. decided on 26.11.2020, Consumer Complaint No. 1306 of 2016 titled Nishant Saini & Anr. Vs. S.S.Group Pvt. Ltd. & Ors . decided on 18.03.2021, Cosumer Complaint No. 1307 of 2016 titled Jaideep Singh Walia Vs. SS Group Pvt. Ltd. & Ors. and Consumer Complaint No. 2135 of 2016 titled Deepanshu Saini & Anr. Vs. S.S.Group Pvt. Ltd. decided on 04.09.2019 whereby Commission has duly considered all the contentions raised by the opposite party.
In the present case, clearly the possession was due by June 2015 and the occupation certificate has been obtained in October 2018, thus there being a delay more than two years in obtaining the occupation certificate. In a recent case, Hon’ble Supreme Court in Civil Appeal
No. 12238 of 2018 titled Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghvan with Civil Appeal No. 1677 of 2019 titled Pioneer Urban Land & Infrastructure Ltd. Vs. Geetu Gidwani Verma & Anr . decided on 02.04.2019, has upheld the order of this Commission wherein this Commission had held that flat purchaser cannot be compelled to take possession at belated stage.
We have also gone through the order of this Commission in Consumer Complaint No. 1307 of 2016 titled Jaideep Singh Walia Vs. SS Group Pvt. Ltd. & Ors. decided on 18.03.2021, we are satisfied that it relates to the same project in which the complainants had booked their flat. Since it is a covered case covered under the order of this Commission in Jaideep Singh Walia (supra), we are passing the same order as passed in the above mentioned case.
We, hereby, issue the following directions:
(i) The opposite party shall refund entire principal amount received from the Complainants along with compensation in the form of simple interest @ 9% p.a. from the respective dates of deposit till actual date of payment together with cost of Rs.25,000/- to the complainants. The aforesaid directions shall be complied with within a period of eight weeks from the date of receipt of copy of this order failing which the amount shall carry interest @ 11% p.a. for the same period.
With these directions, Consumer Complaint stands disposed of.