This complaint has been filed by Varun Sidhu & anr. against the opposite party, M/s. Unitech Ltd. 2. Brief facts of the case are that complainants had taken the flat from the previous owner and the builder-buyers agreement was executed on 05.09.2006. The complainants got the allotment letter issued from the opposite party on 14.11.2011 and accordingly builder-buyers agreement was endorsed. The complainants also took loan from ICICI bank. When the physical possession was not handed over, the complainants gave a legal notice to the opposite party, but received no reply from the opposite party. 3. Aggrieved by the acts of the opposite party, the present complaint has been filed on the above facts with the following relief:- “(i) To direct the O.P. to immediately hand over the possession of the residential flat/Apartment No.502, (3-Bra) Block ESC-Tower-7 in the project of OP i.e. Escape AT Nirvana Gurgaon i.e. flat in question in a habitable and livable condition with all amenities or in alternative Direct the Opposite party to offer complainants an alternative property of same/similar specifications in the same locality as per Clause 4.e. Default of Buyers’ Agreement in a livable and habitable conditions or in the alternative. to return the amount of the complainants with 18% p.a. on the amounts paid by the complainants. (ii) In case flat is being offered by the opposite party. (a) Direct the opposite party to pay complainants cost of funds @12% pa on the amounts paid by the complainants, from committed date of possession till the date of handover of flat in question in a livable and habitable condition with all amenities. (b) Direct the opposite party to execute conveyance of the flat in favour of complainants and handing over of physical possession of the flat. (iii) Cost of the complaint.” 4. The complaint was resisted by the opposite party by filing the written statement wherein it has been stated that the delay in possession has occurred due to force majeure conditions and the construction is under progress. Both the parties have filed their evidence by way of affidavit. 5. Learned counsel for the complainants stated that only the paper possession has been given to the complainants whereas the physical possession has not been given to the complainants. No occupancy certificate has been received by the opposite party. Presently as per the agreement, there is a provision of Rs.5/- per sq.ft. per month as delay charges to be paid to the complainants and the opposite party has already adjusted these charges. However, this complaint has been filed for getting more compensation for delayed possession. Learned counsel for the complainants requested a similar order be passed in the present complaint. 6. On the other hand learned counsel for the opposite party stated that the complainants herein is a subsequent allottee not the original allottee, therefore, he is not entitled to any interest deposited by the previous allottee. 7. Moreover, on the other hand learned counsel for the opposite party stated that order in CC 498 of 2015, Mr. Sunil Kumar Sawhney Vs. M/s. Unitech Ltd. (supra) was passed on 19.08.2016 and the date of interest continuing to decline in the market and banks. Keeping in view this trend this Commission has in other judgment in case number CC No.638 of 2016, Kalpana Chandra Vs. M/s. Unitech Limited, decided on 09.02.2017 (NC) has passed similar order but with interest @ 8%p.a. Learned counsel requested that even after this judgment interest rates has further declined and accordingly, the reduce rate of interest be implied. 8. Learned counsel further stated that the project is nearing completion and possession to allottees to start soon. Learned counsel for the opposite party informed that all the certificates have been obtained except NOC from the Fire Department and the same will be obtained very soon. 9. I have considered the arguments of both the learned counsel and have examined the material on record. The assertion of the opposite party regarding delay due to force majeure conditions is not acceptable as no cogent proof has been filed by the opposite party. In this matter the complainants have already taken the physical possession. As the opposite party is confident of completion of the project and receiving the Occupancy Certificate, Consumer Complaint No.363 of 2016 is disposed of with the following directions:- “(a) The opposite party shall pay the delay charges @ Rs.5/- per sq.ft. per month as per the agreement to the complainants from due date of possession till date of issue of Occupancy Certificate. The charges if already adjusted shall be counted against this. (b) The opposite party shall pay interest @6% p.a. on the deposited amount by the allottees with the opposite party before the due date of possession as per the agreement, from 14.11.2011 till the date of physical possession. On the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. (c) Opposite party shall also pay the cost of litigation as Rs.7,500/- (rupees seven thousand five hundred only) to the complainants. | 
