IMPORTANT POINT
OP has not been able to prove that the construction of the flat was delayed on account of unforeseen circumstances.

V.K. Jain, Presiding Member—The complainant booked a residential flat with the OP in a project namely ‘Capetown’ which the OP was to develop in Sector-74 of Noida. Flat No. 1606 in Tower CM4 of the aforesaid project was allotted to the complainant vide allotment letter dated 22.05.2012. The payment plan agreed between the parties reads as follows:

Installments	Inst. Date	%	Amount
At the time of booking	17.03.2012	0.00	605764.00
Within 60  days from booking	16.05.2012	0.00	2423055.00
On commencement of foundation work	17.05.2012	0.00	545188.00
Total			3574007.00
Installments	Inst. Date	%	Amount
On casting of basement roof slab	18.05.2012	0.00	711698.00
On casting of 4th floor roof slab	19.05.2012	0.00	711698.00
On casting of 8th floor roof slab	20.05.2012	0.00	711698.00
On casting of 12th floor roof slab	21.05.2012	0.00	711698.00
On offer of possession letter	31.10.2013	0.00	593881.00
Total			7014680.00

The possession of the flat was to be delivered to the complainant by October 2013. However, the said period could be extended subject to a maximum of six months, due to unforeseen circumstances. Thus, the possession of the flat ought to have been delivered to the complainant by 31.10.2013 unless the OP can show that the possession was delayed on account of circumstances which could not have been foreseen at the time of allotment.

2. Vide letter dated 12.10.2015, the OP required the complainant to pay an amount of Rs.12,35,656/- on or before 11.11.2015. The aforesaid letter was titled as ‘Possession Payment Demand Notice’ though admittedly, the OP did not possess the requisite occupancy certificate on the date it was issued. The occupancy certificate, according to the learned counsel for the OP, was obtained on 02.12.2015 and was a part occupancy certificate. The complainant did not pay the amount of Rs.12,35,656/- demanded vide letter dated 12.10.2015 and has approached this Commission by way of this consumer complaint with the following prayers:

i) Direct the Opp. Parties to hand over the possession of Flat at the original price indicated in the Allotment letter, to the Complainant herein immediately, in habitable condition, being complete in all respect, and execute all the required documents for transferring/ conveying the ownership right in his favour;

ii) Direct the opposite party to refund a sum of Rs.81,250/- paid as park facing charges along with intereest @ 18% from the date of payment of such charges till its actual realization.

iii) Direct the Opp. Parties to pay interest @ 24% compounded quarterly on the total amount paid by the complainant to the Opp. Parties towards the flat from October 2013 i.e. the expiry of the period as indicated in the terms and conditions (such period to be computed from the date of payment of the booking amount) until the actual physical possession of the apartment in terms of aforesaid prayers is handed over and the payment of amounts with interest.

iv) Direct the opposite party to refund the service charge and the car parking charge paid by the complainant.

v) Restrain the opposite party from charging escalation charge, Labour welfare, Water Connection & Advance Maintenance Charges & re-levied of Service Taxes plus interest on late payment.

vi) Restrain the opposite party from charging maintenance fee @ Rs. 2.50 per sq. ft. and service tax and direct the opposite party to charge maintenance charges in consultation and agreement with the allottees or the resident welfare association that may be formed of the duly elected member amongst the flat buyers and further direct that the maintenance service be provided by such agency as the allottees or resident welfare association may decide.

vii) Direct the Opp. Parties to pay compensation to the complainant for the delay in handing