IMPORTANT POINT
Allottees cannot be made to wait in definitely for possession of their flat, therefore entitled to refund of principal amount with interest.

ORDER

The present Consumer Complaint has been filed under Sections 21, 2(c) read with Section 12(1)(c) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, in the representative capacity, agitating their joint personal as well as collective grievance of about 600 buyers, against the Opposite Party, M/s. Vardhman Buildtech Pvt. Ltd. (hereinafter referred to as the ‘Builder’) for the inordinate delay in handing over possession of the Flats booked by them in the Project launched by the Builder in the name and style of “Vardhman Springdale, Daruhera (VSD)”. Since the interest of the Complainants and other flat buyers in the aforesaid project is the same and identical reliefs have been claimed on behalf of all the Complainants, IA No. 4886 / 2017, an Application under Section 12(1)(c) of the Act has also been filed with the Complaint to treat the Complaint as a class-action Complaint. Vide Order dated 1st Nov. 2017, IA No. 4886/2017 was allowed and the Complaint was treated as filed under Section 12(1)(c) of the Act.

2. According to the Complainants, the facts of the case are that the Opposite Party Builder launched a residential Project ‘Vardhman’s Springdale Dharuhera’ (hereinafter referred to as the Project).Complainants booked a 3 BHK Flat No. 503, 5th Floor, Tower – H, admeasuring 1640 sq. ft. in the said Project for a total sale consideration of Rs.40,22,000/-. A Builder Buyer Agreement was executed between the Parties on 19.10.2012. As per Builder Buyer Agreement, the Construction of the Tower was to be completed by December 2015 and possession was to be offered within 30 days thereafter for interior and fit outs. It is the say of the Complainants that they had made the payments of more than Rs.23,82,019/- as per demands of the Opposite Party Builder despite that the Builder had failed to compete the construction and did not provide possession for interior and fit outs on or before December 2015 as per terms of the Builder Buyer Agreement. Alleging unfair trade practice and deficiency in service on the part of the Opposite Party Builder, the Complainants has filed the present Complaint with following prayer:-

“a) Direct the Opposite Parties to complete construction work of the entire project ‘Vardhman Springdale Daruhera’ including the flat of the Complainants bearing Flat No. 503 on 5th Floor of Tower H in the project Vardhman’s Springdale Dharuhera, admeasuring 1640 sq. ft. Consisting of 3 bedrooms, drawing/dinning, kitchen, toilets in the Project Vardhman’s Springdale Dharuhera and handover possession to each flat buyer with all amenities within stipulated time as it may deem fit to this Hon’ble Commission;

b) Award interest at the rate of 18% per annum to each buyer for the period of delay in handing over the possession of the flat on the amount paid by each buyer respectively.

c) Award Cost of litigation & mental harassment which may be quantified to Rs.4,00,000/- (Rupee Four Lakh only)..”

3. Despite service of Notice neither any one appeared on behalf of the Opposite Party Builder nor any Written Version was filed on their behalf. Accordingly, vide Order dated 1st Nov. 2017 the Opposite Party Builder was proceeded ex-parte and their right to file Written Statement was forfeited. They even did not choose to file any Application to set aside the ex-parte Order.

4. We have heard Mr. Abhinav Ramkrishna, learned Counsel for the Complainant and perused the material available on record as well as the Written Submissions filed by the Complainant on 01.10.2018.

5. Mr. Abhinav Ramkrishna, learned Counsel appearing for the Complainants strenuously submitted that the Complainant had paid all the amounts as demanded by the Builder from time to time. It was assured to the Complainant that the entire Project would be completed and possession would be delivered by December, 2015. However, the Builder has failed to deliver the possession for interior and fit outs within the stipulated period of time whi