ORDER

The bunch of present Consumer Complaints has been filed under Section 12(1) (a) read with Sections 21 and 22 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants/Purchasers of the Flats/Apartments in Group Housing Residential Project, under the name and style “THE ESFERA” proposed to be developed at Sector 37 C, Gurgaon 92, District Gurugram, Haryana (hereinafter referred to as the “Project”), by the Opposite Party, i.e. M/s. Imperia Structure Ltd. (hereinafter referred to as the Developer), inter-alia, alleging deficiency in service in not handing over the possession of the booked Flat/Apartment within stipulated period and seeking refund of amount deposited by them along with reasonable interest and compensation.

2. Since the facts involved in these Complaints are similar except for minor variations in the Unit Numbers and their Sale Consideration, these Complaints are being disposed of by this common Order. However, for the sake of convenience, the facts as enumerated in Consumer Complaint No. 969 of 2019 have been discussed at length herein.

3. Facts as narrated in the Complaint are that the Developer decided to develop a Residential Group Housing Project called “THE ESFERA” at Sector 37 Gurgaon 92, Haryana. Being allured by the representations of the Developer, Complainants, husband and wife, applied for booking of a Residential Apartment for use of self and family on 17.09.2011, and subsequently, Complainants were allotted Apartment No. 303 in Tower C on 3rd floor having Super Area of 1650 Sq. Ft, for a total Sale Consideration of Rs.71,56,250/-. After a span of two years, a pre-printed set of papers christened as “Apartment Buyer Agreement” (hereinafter referred to as “the Agreement) were sent to the Complainants for signatures. According to the Complainants, these papers were actually a standard form adhesion contract having several unconscionable Clauses. It is averred that the Developer threatened to cancel the allotment and forfeit the earned money if the Agreement is not signed, therefore, the Complainants executed the Agreement on 24.01.2013.

4. The Complainants opted for a construction linked payment plan and in order to pay the Sale Consideration, also took a Home Loan from State Bank of India for which the Complainants are still paying the EMIs. In terms of Clause 10.1 of the Agreement, possession of the booked Apartment, complete in all respect, was supposed to be handed over by the Developer within a period of three and half years (42 months) from the date of execution of the Agreement that is latest by 24.07.2016. Pertinently, Clause 10.1 reads as under:-

“10.1 The Developer/company based on the its present plans and estimates and subject to all just exceptions, contemplations, complete construction of the said building/said apartment within a period of three and half years from the date of the execution of this Agreement unless there shall be delay or there shall be failure due to reasons mention in Clause 11.1, 11.2, 11.3 and Clause 41 or due to failure of the intending allottee(s) to pay in time the price of the said Apartment along with other charges and dues in accordance with the schedule of payments given in Annexure F or as per the demands raised by the Developer/Company from time to time or any failure on the part of the intending allottee(s) to abide by all or any of the terms or conditions of this Agreement.”

5. According to the Complainants, a sum of Rs.61,91,860/- out of the total Sale Consideration of Rs.71,56,250 have been paid to the Developer but still they have miserably failed to deliver the possession of the Apartment purchased by them. Complainants kept pursuing with the Developer with respect to the status of construction of the Project and the exact date of handing over the possession of the Apartment, however, the Officials did not respond. Since th