ORDER

The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, against the Opposite Party M/s. Ireo Private Ltd. (hereinafter referred to as the ‘Developer’), seeking compensation for delay in handing over the possession of the Flat booked by them in the Project launched by the Developer in the name and style of “SKYON” Golf Course Extension Road, Sector-60 in the revenue estate of Village Ullawas, Tehsil Sohna, District Gurgaon, Haryana, (hereinafter referred to as the Project) within stipulated period.

2. According to the Complainants, the facts of the case are that in response to the Applications invited by the Opposite Party Developer for allotment of flats in their upcoming Project, “SKYON” (hereinafter referred to as the Project) located at Golf Course Extension Road, Sector-60 in the revenue estate of Village Ullawas, Tehsil Sohna, District Gurgaon, Haryana, Mr. Shyam Sundar Sarrof and Mrs. Jyoti Sarrof (hereinafter referred to ‘original allottee’) booked an Apartment in the said Project. They were allotted provisional Apartment No. C-07-4 and an Apartment Buyer’s Agreement (hereinafter referred to as the ‘Agreement’) was executed by them on 23.11.2011. The Complainants purchased the said Apartment from original allottee and got transferred the same in their favor by the Opposite Party Developer on 16.05.2012. It is the say of the Complainants that as per Clause 13.3. of the Agreement, the possession of the Unit was to be handed over within a period of 42 months from the date of approval of the Building Plans. The OP was also entitled for additional 180 days’ grace period for giving the possession of the Unit. Clause 13.3 of the Agreement reads as under:

“Subject to Force Majeure, as defined herein and further subject to the allottee having complied with all its obligations under the terms and conditions of this Agreement and not having defaulted under any provision(s) of this Agreement including but not limited to the timely payment of all dues and charges including the total Sale Consideration, registration charges, stamp duty and other charges and also subject to the Allottee having complied with all formalities or documentation as prescribed by the Company, the Company proposes to offer the possession of the said Apartment to the Allottee within a period of 42 (Forty Two) months from the date of approval of the Building Plans and/or fulfillment of the preconditions imposed thereunder (“Commitment period”). The Allottee further agrees and understands that the Company shall additionally be entitled to a period of 180 days (“Grace period”), after the expiry of the said Commitment Period to allow for unforeseen delays beyond the reasonable control of the Company.”

3. The Complainants made payment of Rs.1,09,92,668/- (Rupees One Crore Nine Lacs Ninety Two Thousand Six Hundered Sixty Eight only), i.e., 95% of the sale consideration, on different dates upto the date of filing of the present Complaint as per demand of the Opposite Party Developer, despite that the Opposite Party Developer failed to deliver the possession of the Unit within stipulated period, i.e., by 22.09.2015. The OP Developer issued Notice of Possession on 06.09.2016 in which false/illegal demand of Rs.15,45,244/- under following distinct heads, was raised:-