JUSTICE V.K. JAIN (ORAL)

The complainants are allottees of residential flats in the project, namely, ‘The Vistas’ which the opposite party is developing in Sector 70 of Gurgaon. The following are the particulars of the allotments made to the complainants, the total consideration agreed between the parties and the amount paid by them to the OP. As per the Buyers Agreement executed between the parties, the possession had to be delivered within 36 months from the execution of the said agreement.

2.      The grievance of the complainants is that the possession of the flats has not even been offered to them despite they having made substantial payments to the OP. The complainants are, therefore, before this Commission seeking possession of the flats allotted to them along with compensation etc.

3.      The complaints have been resisted by the OP which has taken a preliminary objection that since the agreed sale consideration was less than Rs.1 crore, this Commission lacks pecuniary jurisdiction to entertain the complaints. On merits, the complaints have been resisted on the grounds which this Commission has already rejected in a number of consumer complaints including CC No.1191 of 2015 Vishal Mehta & Ors. Vs. M/s Unitech Limited decided on 19.07.2017.

4.      The learned counsel for the OP states on instructions that since the complaints are at the stage of final hearing and are covered by a previous decision of the Commission in Vishal Mehta & Ors. (supra), he has instructions not to press the plea of want of pecuniary jurisdiction. As far as grounds on merits are concerned since the same have already been rejected in Vishal Mehta & Ors.  (supra), the same need not be revisited again.  The complaints are, therefore, disposed of with the following directions:-

(i)     The OP shall complete the construction of the flats allotted to the complainants, on or before 31.07.2018.  The OP shall also apply for grant of the requisite occupancy certificate on or before that date.

(ii)     The OP shall obtain the requisite occupancy certificate at its own responsibility on or before 31.10.2018 and offer possession of the flats to the complainants.

(iii)     The OP shall pay compensation in the form of simple interest @ 8% per annum, to the complainants other than the complainants in CC/1075/2015 and CC/1076/2015, which are resale cases, w.e.f. the committed date of possession till the date on which the possession is actually delivered in terms of this order after obtaining the requisite occupancy certificate.  The complainants in CC Nos. 1075 of 2015 and 1076 of 2015 shall be paid compensation in the form of simple interest @ 8% p.a. w.e.f. 6.7.2015 and 23.7.2014 respectively, though they shall also be entitled to the contractual compensation for the period between 15.2.2013 to 5.7.2015 in CC No.1075 of 2015 and for the period from 25.4.2013 to 22.7.2014 in CC No. 1076 of 2015.  The compensation shall be paid on the amount already paid to the OP, by the date stipulated in the allotment letter/Buyers Agreement for the delivery of the possession.  Though the OP shall be entitled to raise additional demand in consonance with the allotment letter/Buyers Agreement on the construction reaching the prescribed level, it shall adjust the compensation payable in terms of this order and due till that date, out of the demand it may raise against the flat buyers.  Thus, the demand would be restricted to the balance amount if any after adjusting the compensation which has become payable by that time in terms of this order.   The aforesaid compensation is acceptable to the complainants if the possession of the flat is delivered to them in terms of this order.

(iv)     If the OP fails to complete the construction in terms of this order and apply for the occupancy certificate on or before 31.07.2018 or it having completed the construction and having applied for the grant of the occupancy certificate by 31.07.2018, fails to obtain the requisite occupancy certificate at its own responsibility by 31.10.2018, it shall refund the entire amount received from the complainants alongwith such compensation which the Hon’ble Supreme Court may finally award to the allottees of residential flats in the project ‘Vistas’ in the appeals preferred by the OP against the order of this Commission dated 08.06.2015 which are presently pending before the Hon’ble Supreme Court. 

(v)     The refund if it becomes payable in terms of this order, shall be paid within three months of the date on which it becomes payable or the date on which the Hon’ble Supreme Court finally decides the appeals preferred by the OP against the decision of this Commission in Satish Kumar Pandey (supra), whichever be later. 

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

(vii)     It is made clear that if the complainants want to wait further for the possession of the flat allotted to them instead of taking refund despite having entitled to do so in terms of this order, it shall be open to them to wait for the possession of the flat allotted to them till the time deemed appropriate by them.  They will be entitled to exercise the option of receiving the refund in terms of this order with compensation as and when they choose to give up the wait and seek refund of the amount paid by them. 

(viii)     The allotment made to the complainants shall not be cancelled by the OP till 31.10.2018.