The company is liable to pay compensation for the delay in handing over possession, subject to force majeure/default on the part of the allottee, and the allottee is estopped from raising objections after accepting possession.

ORDER

Prem Narain, Presiding Member. - The present revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, wherein the petitioners herein seek to assail the order dated 01.06.2016 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, "the State Commission") in First Appeal No. FA/485/2014. By way of the impugned order, the appeal preferred against the order dated 26.03.2014 passed by the District Consumer Disputes Redressal Forum, Muchipara, Burdwan (in short, the District Forum) in CC/207/2013 has been dismissed and the order passed by the District Forum has been upheld.

2. Shorn off unnecessary details, the facts of the case relevant for the disposal of the present revision petition are that on 16.05.2008, the complainant booked a two storied bungalow in the project floated by the opposite parties, namely, Renaissance Burdwan, situated at the southern side of bye pass road of N.H. No. 2 Burdwan. The total sale consideration of the bungalow was Rs. 23,60,000/-. As per the allotment letter dated 05.09.2008, which was handed over to the complainant only after 06.10.2008 but before 22.10.2008, the construction of the bungalow was required to be completed within 24 months from the date of allotment or the date of sanction , whichever is later. In short, the possession was to be delivered within 24 months from 22.10.2008, i.e.21.10.2010. However, the possession of the bungalow was handed over only on 03.09.2012. Moreover, at the time of handing over possession, it was noticed that there has been deviations from the proposed plan in constructing the bungalow and in the schedules annexed to the Sale Deed. Alleging deficiency in service, the complainant was constrained to file a consumer complaint before the District Forum. Upon service of notice, the opposite parties contested the claim of the complainant on the ground that the time frame provided in the allotment letter dated 05.09.2008 for handing over possession was subject to force majeure. The delay in handing over possession was due to factors beyond the control of the opposite parties. It was submitted that the complainant was offered peaceful and vacant possession of the bungalow on 31.08.2012, which was readily accepted by him. On these grounds, the opposite parties prayed for dismissal of the complaint.

3. After hearing the parties and appreciating the evidence on record, the District Forum vide order dated 26.03.2014 partly allowed the complaint and ordered as follows:-

" The OPs are hereby jointly and severally directed to pay Rs. 1,32,000 (Rs. One Lacs Thirty Two Thousand) only as charge for delay in handing over the bungalow in question as per the general terms and conditions to the complainant within 45 days from the date of this order. The Ops are further directed to pay Rs. 1,00,000/- (Rs. One Lacs) only as compensation for mental pain, harassment and agony within 45 days from the date of passing this order, in default, it will carry an interest @9% per annum on the above mentioned amounts, i.e. charge for delay in handing the bungalow in question and compensation for mental pain, harassment and agony, for the default period. The OPs are also directed to pay Rs. 5, 000/- only as litigation cost to the complainant within 45 days from the date of this order. The OPs are also directed to arrange for correction of the Deed in question in the form of Declaration Deed/Affidavit showing correction in the Deed as it is 'two storied bungalow' in place of 'one storied bungalow' which is written in the Sale Deed within 45 days from the date of this order, in default, the complainant shall be at liberty to execute the order before this Ld. Forum as per the provisions of law. With the above mentioned observation, the complainant is thus disposed of accordingly."

4. On 14.05.2014, the complainant has initiated execution proceedings against the opposite parties by filing EA/31/2014. Meanwhile, the opposite part