IMPORTANT POINTS
(1) No documentary evidence has been filed by the Developer to establish that how many days’ delay occurred due to natural calamities.
(2) Not in dispute that the possession of the allotted Flats was to be delivered in April 2013 but the Opposite Party Developer had offered the Possession to the Complainants after an inordinate delay of more than 7 years in Jan. 2020.

ORDER

R.K. Agrawal, President.—The present Consumer Complaint was filed under section 12(1)(c) read with Section 21(a)(i) and Section 22(1) of the Consumer Protection Act, 1986 (for short “the Act”), initially by 24 Complainants through Mr. Gautam Das and Mr. Chidananda Jena in a representative character, being the authority holders, on their own behalf and that of all the other Allottees in the Project “Jeevan Anand” (for short “the Project”) proposed to be developed by LIC HFL Care Home Ltd, Opposite Party (hereinafter referred to as ‘the Opposite Party’), seeking possession of the Units complete in all aspects in the Project, along with delayed compensation in view of causing legal injury and financial loss to the Complainants as well as innumerable other allottees.

2. Since all the Complainants have booked their respective flats in the same Project of the Opposite Party; entered into identical Agreements to Sell with them and the issues regarding their allotment such as delay in handing over possession, deficiency in construction, are identical and resultantly almost same reliefs have been prayed for by all the Complainants; the Complainants had moved Application being I.A. No. 4179 of 2017 seeking permission to file Joint Complaint. Vide order, dated 02.08.2017, the Application was allowed, in view of the decision of the larger Bench of this Commission in the case of Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd. – I (2017) CPJ 1 (NC), therefore, the present Complaint was allowed to have been filed in a representative capacity under the aforesaid provisions.

3. During the course of the Proceedings, vide Order dated 03.01.2018 Applications being 03.05.2018 Applications being I seeking impleadment in the array of Parties as Complainants were allowed, Consequently, amended Memo of Parties was filed on 26.06.2018, according to which, a total number of 89 allottees are before this Commission, by way of the present Consumer Complaint. Further, vide Order dated 07.02.I.A. No. 1905 of 2019 to I.A. No. 1907 of 2019, Application seeking impleadment in the array of parties was allowed, However, subsequent thereto, amended Memo of Parties have not been filed.

4. For the sake of convenience, the material facts, enumerated hereinafter, are taken from the case of Complainant No.1 namely, Gautam Das & Bilasini Das.

5. The Opposite Party LIC HFL Care Home Ltd. (hereinafter referred to as the Opposite Party Developer) is a company incorporated under the Companies Act, 1956. With the purpose of addressing the need of housing for senior citizens of the country. The Opposite Party launched its eco-friendly pilot Project Jeevan Anand at Bhubaneshwar, Odisha for citizens who attained age of 50 years on 31.03.2013. The Complainant No 1 in good faith and relying on the assurances of the Opposite Party, booked apartment with the Opposite Party in their Project “Jeven Anand” by investing their hard-earned money and saving of life time to have their own roof in the year 2011. Subsequent thereto, vide allotment letter dated 21.11.2011, the Complainant No. 1 was allotted Flat No. 901, Block No. A1 in the year 2011, possession of which was supposed to be handed over on or before 30.04.2013.

6. According to the Complainants, the Project, as proposed to be developed by the Opposite Party, consists of 216 flats, sub-divided into different categories on the basis of their super areas. The basic price of the flats do not include the following: -

7. Stamp Duty, Registration Charges, Legal Expenses.

8. Cost of Electric Meter, Electrical Services connection charges.

9. Service tax and other taxes as imposed by Govt./ Statutory Bodies.

10. Escalation over basic price as per R.B.I, wholesale price index for all the commodities based on 2013.

11. The Opposite Party assured the following amenities to the Complainant: -

a) Dedicated Parking