ORDER

1. The present batch of Consumer Complaints has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants against the Opposite Parties (hereinafter referred to as the “Developer”) for refunding of amount deposited by them as the Developer failed to handover the possession of the Flats booked by them in the Project launched by the Developer under the name and style of “The Corridors “, within stipulated period as promised.

2. Since the facts and question of law involved in these Complaints are similar except for minor variations in the dates and events and Flat numbers, these Complaints are being disposed of by this Common Order. However, for the sake of convenience, Consumer Complaint No. 1666 of 2018 is treated as the lead case and the facts enumerated hereinafter have been taken from Consumer Complaint No. 1666 of 2018.

3. According to the Complainant, 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, “The Corridors” (hereinafter referred to as the ‘Project’) located at Golf Course Extension Road, Sector-67-A, Tehsil & District Gurgaon, Haryana, the Complainant had booked a 2 BHK Residential Flat on 13.03.2013 for a total Sales Consideration of Rs.1,46,09,986/- in the said Project by paying the amount of Rs.16,50,000/- towards initial payment/earnest money. The Complainant was allotted Unit No. CD-C8-06-603 having tentative super area of 1483.79 sq. ft. vide Allotment Offer Letter dated 7.8.2013. Thereafter, on 11.07.2014, an Apartment Buyer’s Agreement (hereinafter referred to as the “Agreement”) was executed between the parties and as per Clause 13.3. Of the Agreement, the possession of the allotted Unit was to be handed over to the Complainant within a period of 42 months from the date of approval of the Building Plans with an additional 180 days as “Grace Period”. 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.”

4. The Complainant made payment of Rs.1,33,18,586/- on different dates upto the date of filing of the Complaint as per demand of the Developer, despite that the Developer could not complete the construction work at the Project within stipulated period and failed to deliver the possession of the Unit to the Complainant on the committed date, i.e. 22.01.2017. It is alleged that the Developer had launched the Project before grant of Building Plan Approval and started collection of the Booking amount. It is further alleged that the Developer at the time of booking engulfed the Project with a 90 meter motorable access road approaching to the Project and assured that a link road of 90 meter wide, flanked by an 18 meter wide green belt, further flanked by a 24 meter wide service road as an approach to the Project as also shown in site-plan at pag