JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The complainant booked a residential flat with the OP in a project namely “Vistas” which the OP is developing in Sector-70 of Gurgaon. A residential flat bearing Unit No.702 in Block-B, Tower-2 on the seventh Floor of the above referred project was allotted to the complainant on 10.02.2010. The parties then entered into an agreement dated 26.04.2010 in respect of the aforesaid flat. As per clause 4.a of the aforesaid agreement, the possession was to be delivered within 36 months from the execution of the said agreement. Thus, the possession ought to have been delivered to the complainant on or before 26.04.2013. The possession having not been delivered, the complainant is before this Commission seeking possession of the flat allotted to him alongwith compensation etc. 2. The OP did not file its written version even within 45 days from the receipt of the notice and therefore, its right to file its written version was closed vide order dated 16.12.2016. I have heard the learned counsel for the complainant and have considered the affidavit filed by the complainant by way of evidence. 3. The learned counsel for the complainant states that in order to avoid any further litigation in the matter, the complainant is restricting her claim to the reliefs granted by this Commission vide order dated 19.07.2017 in Consumer Complaint No. 1191 of 2015, Vishal Mehta & Ors. Vs. M/s Unitech Ltd., in a Consumer Complaint u/s 12(1)(c) of the Consumer Protection Act. The complaint is therefore, disposed of with the following directions: (i) The OP shall complete the construction of the flat allotted to the complainant on or before 31.07.2018 and shall also apply for the 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 flat to the complainant. (iii) The OP shall pay compensation in the form of simple interest @ 8% per annum to the complainant with effect from the committed date of possession i.e. 24.01.2013 till the date on which the possession is actually delivered in terms of this order after obtaining the requisite occupancy certificate. (iv) The compensation shall be paid on the amount already paid to the OP by the date stipulated in the Buyers Agreement for delivery of possession. (v) Though the OP shall be entitled to raise additional demand if any in consonance with the 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 complainant. 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. (vi) 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 31.10.2017, it shall refund the entire amount received from the complainant 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. (vii) 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. (viii) The OP shall also pay a sum of Rs.25,000/- as the cost of litigation. (ix) The allotment made to the above referred complainant shall not be cancelled by the OP till 31.10.2018. | 
