1. The present Consumer Complaint (CC) has been filed by the Complainant  against Opposite Party (OP) as detailed above, inter alia praying for directions to the OP to:-

1. refund the entire sale consideration paid amounting to                   ₹ 96,74,445/-.

2. grant interest @ 18% per annum.
3. grant compensation to the tune of ₹5,00,000/- for inconvenience and mental harassment and damages suffered due to deficiency of services on part of the OP.

4. grant compensation to the tune of ₹1,50,000/- towards cost of litigation, documentation charges etc.

During the hearing on 7^th  December 2022, the complainant stated that she is ready to take possession provided she is paid delayed compensation. However, the opposite party stated that the complainant is also liable to pay the balance of consideration price and the holding charges as per the relevant clauses in the agreement.

2. Notice was issued to the OP.  Parties filed Written Statement/Reply, Evidence by way of an Affidavit and Written Arguments/Synopsis etc. as per details given in the Table at Annexure-A.  The details of the flats allotted to the Complainant/other relevant details, based on pleadings of the parties and other records of the case are also given in the Table- A.

3. Brief facts of the case, as emerged from the pleadings of the parties and other case records are that complainant was allotted a flat number B/1201 measuring 2480 sq.ft. in the project of the OP ‘Falcon View’ Sector 66-A, S.A.S. Nagar, Mohali, Punjab vide allotment letter dated 22nd August 2013. Construction of the flat was likely to be completed within a period of 30 months from the date of allotment letter subject to force majeure circumstances beyond the control of the OP. However, the possession of the flat in question has not been handed over to the complainant yet.

4. Heard counsels of both sides.  Contentions/pleas of the parties, on various issues raised in the Complaint, based on their Complaint/Reply, Evidence, Written Arguments, and Oral Arguments advanced during the hearing, are summed up below.

5. It was argued by the OP that the delay has occurred due to force majeure circumstances which were beyond the control of the OP. Due to unusually high water level found in the soil, ban imposed on the mining of minor minerals due to absence of environmental clearance imposed by Punjab and Haryana High Court, heavy rain in 2013-14, nationwide strike by the transporters and non payment of money by various allottees,  the construction got delayed. Compensation at the rate of ₹10/- per square feet was duly paid and accepted by the complainant for the period from 22nd February 2016 till December 2016, further the compensation for the period 1st December 2017 to 11th October 2017 has also been adjusted. The OP offered the possession of the flat to the complainant vide it’s letter dated 3rd March 2017 for fit outs. OP again vide letter dated 15th September 2017 offered to the complainant to take possession on 11th October 2017 and complainant was told that in case possession is not taken, the complainant would be liable to pay holding charges at the rate of ₹10/- per square feet. She was also requested to pay an amount of ₹ 6,97,435/- before taking possession, including club charges. Although there was no promise to obtain the completion certificate before giving the possession but still the partial completion certificate has been obtained by the OP on 26th April 2018.  Normally the completion certificate is granted for the entire project. In case the complainant wants refund, the OP is ready to return the same after deducting 10% of the sale consideration of the flat along with brokerage as per clause 2.9 of the allotment letter. It is a fit case in which the complainant may be directed to take the possession after paying up to date charges.

6.  It was argued by the complainant that as per the allotment letter the construction of the unit was to be completed within 30 months from the date of allotment letter i.e. latest by 23rd February 2016. Although the possession of the allotted unit has been offered after a delay, many promised amenities were still lacking. Further, as the possession offered was without occupation/completion certificate, it was not a valid offer of possession.

7. Considering that the OP wants the complainant to take possession and during the hearing the complainant has also expressed her willingness to take possession, it would serve the interest of justice for both the parties that time bound instructions are given to the OP to deliver the possession of the unit in question to complainant with all promised amenities subject to complainant paying the balance dues as per the agreement. However, considering that there is a delay in offer of possession from the promised date as per allotment letter, the complainant is also entitled to a fair amount of delay compensation from the committed date of possession to the date of obtaining occupation/completion certificate (part) by the OP.

8. For the reasons stated hereinabove, and after giving a thoughtful consideration to the entire facts and circumstances of the case, various pleas raised by the learned Counsel for the Parties, the Consumer Complaint is allowed/disposed off with the following directions/reliefs:-

(i) The OP shall hand over the actual physical possession of the unit in question to the complainant, complete in all respects as per specifications and alongwith all the facilities/amenities as promised in the brochure/allotment letter within two months of date of this order subject to the complainant paying the balance amount as per allotment letter, if any, within 45 days of this order.OP shall also arrange joint inspection of the unit with the complainant/her representative, within 15 days of this order to satisfy the complainant about the completeness of the unit as per the specifications and alongwith amenities/facilities as per brochure/allotment letter. If any deficiencies are noticed as a result of such joint inspection, the same shall be got rectified within 15 days of date of such joint inspection.

(ii) OP shall also be liable to pay delay compensation in the form of simple interest @6% from 15.08.2014 (Committed date of possession) to 26.04.2018 (date of obtaining part Occupation Certificate/Completion Certificate).

(iii) The OP shall pay a sum of Rs.25,000/- as cost of litigation to the    complainant. 

(iv) The payments in terms of this order shall be paid within three months from today.

9. The pending IAs, in any of the Consumer Complaint, if any, also stand disposed off.