1.      Heard counsel for the parties. 

2.      Mr. Samir Kakar and Mrs. Suman Kakar, the complainants have filed the above complaint for directing the opposite party i.e. (i) to hand over possession of the flat allotted to them complete in all respects as per specifications of the Buyers Agreement within the stipulated period, (ii) to pay compensation in the form of interest @ 12% per annum from the due date of possession till the date of handing over possession, (iii) the complainants be exempted from the liabilities of payment of escalation of the cost and enhanced service tax, (iv) to pay a sum of Rs.5 lacs as compensation for mental agony, harassment and cost of litigation.  In alternative also, some prayer has been made but in the present case, since the complainants have taken possession on 23.01.2018, therefore, the alternative prayers have no relevance today.  Both the parties admit that at present, the compensation for delay in handing over possession is only in dispute between the parties. 

3.      The complainants stated that M/s Emaar MGF Land Limited, the opposite party was a company engaged in the business of development and construction of group housing project.  The opposite party launched a group housing project in the name of ‘Emerald Floors’ situated at ‘Emerald Hills’ at Sector-65, Gurgaon in the year 2011 and made wide publicity of its facilities and amenities.  Believing upon the representation of the opposite party, the complainants booked a flat and deposited the booking amount on 01.02.2011.  Thereafter, the opposite party allotted flat to the complainants and executed Buyers Agreement on 05.10.2011.  Clause-13 of the Buyers Agreement provided 24 months’ period from the date of start of construction for handing over possession with a grace period of three months.  It is admitted by the parties that construction had started on 03.10.2013 and the due date of possession i.e. 24 months expired on 02.10.2015 and the grace period of three months expired on 02.01.2016 but the possession was handed over to the complainants on 23.01.2018 and therefore, the complainants claim delay compensation upto the date of handing over the possession. 

4.      However, the opposite party alongwith written reply, has filed the letter of offer of possession dated 15.02.2017.  Therefore, according to the opposite party, liability for delay compensation terminates on 15.02.2017.  A perusal of the final statement of account as attached alongwith offer of possession shows that the opposite party has also adjusted an amount of Rs.256537/- which is according to the rate as fixed in the Buyers Agreement.  However, the Supreme Court in case of Wg. Cdr. Arifur Rahman Khan & Ors. Vs. DLF Southern Homes Pvt. Ltd., (2020) 16 SCC 769 and DLF Home Developers Ltd. Vs. Capital Greens Flat Buyers Association (2021) 5 SCC 537, has held that the delay compensation is payable in the form of interest @ 6% per annum on the deposit of the complainant. 

ORDER

          In the result, in view of the judgments of the Supreme Court, the complaint is partly allowed.  The opposite party is directed to pay delay compensation in the form of interest @ 6% per annum on the deposit of the complainants from 02.02.2016 till 15.02.2017 after adjusting the delay compensation which has already been adjusted in the final statement of account within a period of two months.