JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)     

The complainants booked a residential flat with the opposite party in a project namely ‘South City II’, which the opposite party was to develop in Gurgaon and a unit bearing No. H-101 in the aforesaid project was allotted to them vide allotment letter dated 05.8.2010, for a total consideration of Rs.1,24,46,000/-.  The possession as per Clause 4a. of the Buyers agreement was to be delivered within 24 months of the execution of the said agreement, which was executed on 09.10.2010.  The possession therefore ought to have been delivered by 09.10.2012.  The grievance of the complainant is that the possession of the flat has not been offered to them despite they having already paid more than 95% of the sale consideration.  The complainants are therefore before this Commission seeking possession of their unit along with compensation.

2.      The opposite party did not file the written version and its right to file the written version was closed vide order dated 20.4.2017.  I have heard the authorized representative of the complainant and have considered the affidavits filed by way of evidence.

3.      The Buyers agreement executed between the parties, wholly supports the case set out by the complainant and show that the flat in question was allotted to the complainants for a consideration of
Rs.1,24,46,000/- and its possession was agreed to be delivered to the complainants within 24 months of the execution of the agreement, meaning thereby that the possession ought to have been delivered by 09.10.2012.  Since the possession of the flat has not been offered to the complainants and in fact even the construction is stated to be incomplete, the complainants are entitled to possession of the flat allotted to them within a reasonable time, along with appropriate compensation.

4.      Considering all the facts and circumstances of the case, including the recent downward trend in interest rates, the complaint is disposed of with the following directions:

(i)   The opposite party shall complete the construction of Unit No.H-101 allotted to the complainants in all respects, obtain the requisite occupancy certificate and offer its possession to the complainant on or before 30.6.2018.

(ii)      The opposite party shall pay compensation in the form of simple interest @ 8% per annum with effect from the committed date of possession i.e. with effect from 09.10.2012 till the date on which the possession in terms of this order is actually offered to the complainants;

1. The opposite party shall pay a sum of Rs.25,000/- as the cost of litigation to the complainants.

2. The compensation shall be paid while offering possession of the flat in terms of this order.

3. The amount of service tax collected from the complainants shall be deposited with the Service Tax Department within three months from today along with the applicable interest.