1.      Heard counsel for the parties. 

2.      Above complaint has been filed for directing the opposite party (i) to handover possession of Flat no. PGN-02-1406 to the complainant forthwith; (ii) to execute the conveyance deed in favour of the complainant; (iii) to pay a sum of INR 7353190/- as compensation for delay in handing over possession of the flat for the time period of 45 months between 09 August 2015 and 09 May 2019, calculated at 18% per annum on the total cost of the flat; (iii) to pay compensation for delay in handing over possession of the flat for the time period from 10 May 2019 till the actual date of possession, calculated at 18% per annum on the total cost of the flat; (iv) to award pendent lite and future interest @ 12% p.a.; (v) to pay litigation costs of INR 100000/-; and (vi) any further order/s as this Hon’ble Commission deems fit and proper in the interest of justice.

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. The opposite party launched a group housing project in the name of ‘Palm Gardens’ at Gurgaon. On coming to know about the project, the complainant booked an apartment measuring 1720 sq. ft. on 28.12.2010 and was allotted Flat no. PGN-04-0304, total sale consideration of Rs.9285774/-. The builder could not proceed with that construction and in lieu of Flat no. PGN-04-0304, the opposite party allotted another Flat no. PGN-02-1406 measuring 1950 sq. ft. for basic price of Rs.10893615/ vide a provisional allotment letter dated 19.06.2017 and a fresh Buyer’s Agreement was signed by the parties dated 31.07.2017. Under clause 10 of this Agreement, possession had to be delivered within 24 months with grace period of three months. The complainant opted for ‘construction linked payment plan’. As per demand of the opposite party, the complainant deposited total amount of Rs.10840241/- from time to time. As per Agreement, due date of possession was in October, 2019. But the construction was not proceeding. Then this complaint was filed on 10.05.2019.

4.      “Occupancy Certificate” was obtained by the opposite party in the year 2018. 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 only dispute remained between the parties is for delayed compensation. 

5.      The complainant booked the flat on 28.12.2010. Under the initial agreement due date of possession was October, 2015. Fresh Buyer’s Agreement dated 31.07.2017 was one sided. At that time, the complainant had no option but to sign it. As such due date of possession as mentioned under the agreement dated 31.07.2017 shall not be treated for the purposes of awarding delayed compensation. The possession was delivered on 07.06.2020. The complainant was entitled for compensation for delay in possession from November, 2015. 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. The opposite party shall pay delayed compensation to the complainant in the shape of interest @ 6% per annum on her deposit from November, 2015 till August, 2019. The delayed compensation already paid shall not be adjusted from the account of the complainant.