1. Heard counsel for the parties. 2. Above complaint has been filed for directing the opposite party (i) to handover possession of unit to the complainant, complete in all respects as per specifications and execute all necessary documents in respect of the said apartment in favour; (ii) to pay compensation for delayed possession in the shape of interest @ 12% per annum on the amount deposited by the complainant from due date till the date of actual possession; (iii) to provide adequate car parking space to the complainant and to refund the amount charged towards car parking space along with service tax and interest @ 18% from the date when the payment was made; (iv) to pay Rs.6,000/- per day in case the opposite party fails to deliver the unit within 8 months; (v) to pay compensation of Rs.20,00,000/- for mental agony, harassment; (vi) to pay a sum of Rs.1,00,000/-, as litigation costs; (vii) to refund wrongfully charged taxes and other charges along with the interest on that amount at the rate of 18% p.a. from the date of receipt of such taxes; and (viii) any other and further relief which may deem fit and proper in the fact and circumstances of the case. 3. The complainant stated that M/s Emaar MGF Land Limited, (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. In the year 2011, the opposite party launched a group housing project in the name of ‘Palm Gardens’ at Sector-83, Gurgaon. On coming to know about the project, the complainant booked a flat on 25.11.2011 and deposited the booking amount. The opposite party issued a provisional allotment letter dated 03.12.2011 allotting unit no. PGN-09-0804 size 1720 sq. ft. for total basic price of Rs.7416640/-. Thereafter, Builder Buyer Agreement was executed between the parties on 19.01.2012. Under clause 10 of this Agreement, possession had to be delivered within 36 months from start of construction with grace period of three months. The complainant has opted for “construction linked payment plan”. As per demand of the opposite party, the complainant deposited total amount of Rs.8652238/- from time to time. According to the Agreement, due date of possession expired in October, 2015. But the construction was delayed and the possession could not be handed over within time. Then this complaint was filed on 27.04.2018. 4. During the pendency of the complaint, “Occupancy Certificate” was obtained by the opposite party and they issued letter of offer of possession dated 08.05.2019. This Commission, by vide order dated 30.08.2019, directed for delivery of possession over the flat to the complainant. In compliance of the order, possession was delivered to the complainant which is not in dispute. Now, the dispute remains between the parties for compensation for delayed possession. 5. As per clause-10 (a) of the agreement, due date of possession was October, 2015 and the possession was offered on 08.05.2019. Under the agreement, the complainant was entitled for compensation for delay in possession. Supreme Court in Wg. Cdr. Arifur Rahman Khan & Ors. vs DLF Southern Homes Pvt. Ltd., (2020) 16 SCC 769, has held that the allottees are entitled for delayed compensation in the shape of interest @ 6% per annum from the due date of possession till the offer of possession. ORDER In the result, the complaint is partly allowed. Order dated 30.08.2019 shall form part of this order. The opposite party is directed pay delayed compensation to the complainant in the shape of interest @ 6% per annum on his deposit, from October, 2015 till April, 2019, within two months. The delayed compensation already paid, shall not be adjusted from the account of the complainant. |
