JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) The affidavits filed by the complainants shows that the aggregate of the agreed sale consideration and the simple interest calculated @ 18% per annum and VAT payable to the OP comes to more than Rs.1,00,00,000/-. In view of the decision rendered by this Commission in Consumer Complaint No. 198 of 2015 - Dushyant Kumar Gupta Vs. Today Homes & Infrastructure Pvt. Ltd. and connected matters decided on 31.01.2017, this Commission possesses the requisite pecuniary jurisdiction to entertain these complaints. 2. The complainants in CC No.539 of 2014 booked a residential flat in the project namely “Vistas” which the OP was to develop in Sector-70 of Gurgaon and a residential flat bearing no. 0202 on 2nd floor in Tower A-7 was allotted to them for the agreed consideration of Rs.56,78,182/-. The possession as per clause 4.a of the Buyers Agreement dated 11.02.2010 was to be delivered within three years therefrom, meaning thereby that the possession ought to have been delivered by 11.02.2013. 3. The complainant in CC No.440 of 2016 namely Amit Agrawal also booked a residential flat in the same project and a flat bearing no. 0501 on the 5th floor, Block B & Tower 01 was allotted to him for a consideration of Rs.63,06,682/-. The Buyers Agreement in this case was executed on 20.04.2010, meaning thereby that the possession ought to have been delivered by 20.04.2013. 4. The grievance of the aforesaid complainants is that the possession has not been delivered to them despite they having made substantial payment to the OP. 5. The complaint has been resisted by the OP 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 and therefore, need not be revisited again. The complaints are 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 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 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 compensation in the form of simple interest @ 8% per annum 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. | 
