ORDER :

MR. DEV RAJ, MEMBER

1. By this order, we propose to dispose of the aforesaid 11 consumer complaints bearing Nos. 812, 813, 814, 815, 816, 817, 818, 940, 941, 942 and 944 all of 2016.

2. After hearing arguments on 20.3.2017, we were of the opinion that the facts and issues in law, involved in the above bunch of complaints, by and large, are the same, and therefore, the aforesaid 11 complaints can be disposed of, by passing one consolidated order.

3. During arguments, Ms. Ekta Jhanji, Advocate, Counsel for the Opposite Parties, placed on record, a detailed chart, under her signatures, showing in each case detail of property purchased, its price, date of agreement, total price and amount received and further whether possession offered etc. which was taken on record. It was also agreed by the Counsel that the facts given in the chart were correct, as per their record.

4. Under above circumstances, to dictate order, facts are being taken from consumer complaint bearing No. 812 of 2016, titled as ‘Kapil Kumar Khosla & Anr. v. DLF Homes Panchkula Pvt. Ltd. & Anr.’.

5. In brief, the facts are that the Opposite Parties developed a Residential Group Housing Project under the name and style of “The Valley” situated in Sector 3, Kalka-Pinjore Urban Complex. On the basis of advertisements, the complainants approached the Opposite Parties and booked an independent floor with total area of 1,640 sq. ft. in DLF Valley Project on 11.8.2010 for their residential purpose and paid an amount of Rs. 4,00,000 vide receipt RVL/CRB/00277/0910. The Opposite Parties entered into an Independent Floor Buyers Agreement (Annexure C-2) on 3.2.2011 whereby independent floor No. E-4/31 SF (Second Floor) with parking number P-2F was allotted to the complainants. The total price of the unit was fixed as Rs. 50,39,799.65 for the saleable area of 1640 Sq. Feet. In Para 6 of the complaint, it was stated that till 18.10.2016, the complainants had paid Rs. 49,14,802.01 to the Opposite Parties.

6. As per Clause 11(a) of the Agreement, the possession of the flat was to be delivered within 24 months from the date of execution of the said Agreement. The Opposite Parties also published an advertisement dated 13.1.2014 stating that possession would be delivered in 2014 but nothing was done. It was further stated that the complainants came to know after visiting the site on various occasions that the unit, in question and other amenities/facilities, as promised, were not even ready for possession and the Opposite Parties were not in position to give the possession. It was further stated that the complainants approached the Opposite Parties to grant them possession of the flat on the agreed terms and conditions but to no avail. It was further stated that the complainants have invested their hard earned money and delay in the grant of possession has caused financial loss and grave mental agony and disturbance to them.

7. Alleging deficiency, in rendering service, and indulgence into unfair trade practice, on the part of the Opposite Parties, the complainants filed the instant complaint under Section 17 of the Consumer Protection Act, 1986 (in short 1986 Act) seeking directions to the Opposite Parties, to hand over physical and legal possession of the unit, in question, complete in all respects after obtaining all due permissions and certificates including the Completion Certificate inter alia from the concerned authorities; pay interest calculated @ 15% per annum on the deposited amount from the date of delay in handing over of the possession till the date, possession is handed over to the complainants; award compensation of Rs. 5,00,000 on account of causing financial risk, hardship, mental agony, harassment, emotional disturbance caused to the complainants due to the actions/omissions of Opposite Parties; Rs. 70,000 as litigation expenses; and grant any other relief whi