ORDER JUSTICE DEEPA SHARMA, PRESIDING MEMBER The present Complaint has been filed by the Complainants with the prayer that the Opposite Party be directed to refund their deposited amount of ₹1,46,41,920/- (Rupees One Crore Forty Six Lakh Forty One Thousand Nine Hundred Twenty only) along with penal interest of 18% p.a. from the date of the receipt of the payments made to the Opposite Party and also to pay a sum of ₹10 Lakhs (Rupees Ten Lakhs only) towards mental agony and harassment etc. and a sum of ₹1 lakh (Rupees One Lakh only) towards litigation costs. 2. The brief admitted facts of the case are that the Complainants had booked a unit No.IG-07-0203 in the project called “The Imperial Gardens” at Sector 102, Gurgaon of the Opposite Party. The consideration price of the unit was ₹1,55,79,497/-. The Complainants paid a sum of ₹10 Lakhs as a booking amount on 29.12.2012. A Provisional Allotment Letter was issued to the Complainants on 28.02.2013. The Complainants continued to pay the money as per demands of the Opposite Party on various dates and Builder Buyer’s Agreement was executed on 12.06.2013. As per clause 14(a) of this Agreement, the possession of the unit was to be delivered within 45 months (including the grace period of three months) from the date of start of the construction. The Opposite Party started the construction on 11.11.2013. The Complainants since had opted for the construction linked plan duly followed the payment plan. 3. The contention of the Complainants is that they had never received any update from the Opposite Party regarding the stages of the construction, although the Opposite Party had collected a sum of ₹1,31,30,374/- from them by November 2016. As per the Clause 14(a) of the Agreement, the Opposite Party was to deliver the possession by 11.08.2017 but they had failed to do so and they continued to ask for money from the Complainants and Complainants continued to make the payment. The Complainants also learnt that the construction work at the spot was not as per the promise and was going on in a very slow pace and that the Opposite Party was not in a position to hand over the possession in near future. They filed the present Complaint demanding the refund of their deposited amount along with compensation and litigation costs. 4. The Written Statement was filed by the Opposite Party. The Opposite Party contended that they had been duly informing the Complainants about everything and that the delay had occurred for the reasons which were beyond their control and because of the large size of the project and various other factors including role of Governmental Authorities and support agencies. It is further contended that there had been a delay in making the payments on the part of the Complainants. It is further contended that as per Clause 14(b) (v) the allottee had agreed that the date of handing over of the possession shall be extended solely on the discretion of the Company till the payments of all the outstanding amounts to the satisfaction of the Company is made and that in case of delay, the allottee is entitled for the compensation @ ₹7.50/- (Rupees Seven and Fifty Paisa Only) per sq. ft. per month of the superior area of the unit. Besides that several other contentions have been raised by the Opposite Party. 5. While the Complainants have filed their evidence, the Opposite Party has not filed their evidence despite taking adjournments. 6. Learned Counsel for the Complainants have submitted that it is a covered matter and that they should be awarded the same relief as is awarded in the case of “Alok Sabharwal & Ors. vs. M/s Emaar MGF Land Limited, Consumer Complaint No.1940 of 2018 decided on 29.03.2022”. 7. We have heard the arguments of the parties and perused the relevant record. 8. The Consumer Complaint No.1940 of 2018 has been disposed of vide order dated 29.03.2022 and on perusal of the order, it is apparent that this order also relates to the same residential colony of the Opposite Party, i.e. “The Imperial
Gardens”. In that case, even the Opposite Party had led their evidence and all the contentions of the Opposite Party had been dismissed by this Commission. It is also apparent that in that case, there was no offer of possession till date and there is nothing on record which could show that the Opposite Party has obtained the Occupancy Certificate. In this case also, the due date of delivery was 11.08.2017 and till date there is no offer of possession and there is no evidence on record to show that the Occupancy Certificate has been obtained by the Opposite Party. Since the facts and circumstances of this case and the case of Alok Sabharwal’s case (supra) are akin, we allow the Complaint and while allowing the Complaint, issue following directions. (i) The Opposite Party is directed to refund the entire deposited amount of ₹1,46,41,920/- (Rupees One Crore Forty Six Lakh Forty One Thousand Nine Hundred Twenty only) within two months from the date of this order, along with interest @ 10% p.a. from the date of respective deposits till the date of payment. 9. With these directions, the present Consumer Complaint stands disposed of. | 
