IMPORTANT POINT
Deficiency in Service – If the Builder is able to show that the delay in completion of the construction and offering possession to the Buyer is attributable wholly to the circumstances beyond its control, that may not be a case of deficiency in the services rendered to the Consumer.

ORDER

The brief facts as set out in the Complaint, are that the Complainant who was residing with her husband in U.A.E, entered into a Construction Agreement on 23.01.2014 with the Opposite Party Developer (hereinafter referred to as “the Developer”), namely, Puravankara Projects Limited (now known as Puravankara Limited) for purchase of a three Bed Room Apartment bearing No. SC-302 on the Third Floor in the SC Block/Wing of the Residential Complex known as “Purva Seasons”, to be constructed and developed by them on a Schedule A Property, i.e. the residentially converted property being Municipal No. 92, BBMP Ward No. 83, C.V. Raman Nagar, PID Number 83-53-92 of Bruhat Bangalore Mahanagara Palika, Bangalore (hereinafter to be referred to as “the BBMP”). It was represented and assured to the Complainant by the Developer that the Bangalore Development Authority (hereinafter to be referred to as “the BDA”) vide its Resolution dated 29.07.2011 has approved the Development Plan and BBMP vide L.P.No.29/2006-2007 (modified) dated 03.10.2011 has permitted the construction of multi-story Complex on the said Schedule A Property together with Parking Area, Common Areas, utilities and services for the beneficial enjoyment of the Occupants of Residential Apartments. Subsequent to the Construction Agreement, an Agreement for Sale was also executed between the parties on 23.01.2014 containing the details of the area of the booked Apartment No. SC-302, (i.e. Schedule B Property) and similar terms and conditions of the Construction Agreement. The total sale consideration of the Apartment was Rs.74,06,628/- out of which Rs.13,16,415/- were paid by the Complainant at the time of execution of the Construction Agreement and the balance amount was to be paid in instalments as per Construction Linked Plan. According to the Construction Agreement, the Apartment was to be constructed by the Developer as per the Sanctioned Plan and was to be handed over, complete in all respect, to the Complainant on or before 30.04.2016 or on intimation of possession whichever is earlier extendable by six months to complete the common areas and amenities subject to Clauses 5(a) and 12. The Clause 5(a) of the Construction Agreement states that on any default by the Complainant in making payment of any instalment of Cost of Construction and other charges on the respective due dates, the Opposite Party shall be at its sole discretion to continue with the Contract and claim the amounts in default/arrears with interest @2% per month from the date of default till date of payment and also for which they shall be entitled to a reasonable extension of time for delivery of the Schedule ‘‘B” Apartment. The Clause 12 of the Construction Agreement provides that the date of handing over of the possession of the Apartment is subject to variation on account of force majeure or acts of God or Government Orders/Restrictions/Controls or any other strike including transport strike and other reasons which are beyond the control of the Developer. It is averred in the Complaint that possession of the Apartment was not handed over by the Developer to the Complainant by 30.04.2016 and despite repeated requests from May 2016 to February, 2018, there was no explanation/reason coming out from the Developer for the delay in handing over the possession. It is stated that all the instalments and applicable charges/taxes due were duly paid to the Developer even in advance and there was no breach of any condition of the Construction Agreement or Agreement for sale by them.

2. On 13.03.2018, after visiting the site, the husband of the Complainant wrote to the Developer that there were many snags in the Apartment and despite repeated emails there was no response from the Developer. He also requested for compensation for delay in handing over the possession of the Apartment on the part of the Developer. By email, dated 14.03.2018, the Developer fixed the date of inspection of site on 21.03.2018, however,