IMPORTANT POINT
95 % Sale Price – No excuse for completion of Project - After taking payment of about 95% of sale price in March, 2011, the builder has no excuse for not completing the construction.

ORDER

Ram Surat Ram Maurya, Presiding Member.—Heard Mr. Prabhakar Tiwari, Advocate, for the complainant and Mr. Sudhir Makkar, Senior Advocate, assisted by Mr. Sumeet Sharma, Advocate, for the opposite party.

2. Ms. Narinder Chopra has filed above complaint, for directing the opposite party (i) to refund entire amount of Rs.9731017/- with interest @18% per annum, from the date of deposit till the date of refund, (ii) to pay Rs.10/- lacs as compensation for mental agony and harassment, (iii) to pay Rs.2/- lacs, as cost of litigation and (iv) any other relief which is deemed fit and proper in the circumstances of the case.

3. The complainant stated that M/s. Jaiprakash Associates Limited (the opposite party) (the developer) was a company, registered under Companies Act, 1956 and engaged in the business of development and construction of residential and commercial building and selling its unit to the prospective buyers. The developer launched a project of group housing in the name of “Knight’s Court” at Sector-128, Noida, in the year 2010 and gave attractive advertisements. The complainant booked a flat and deposited Rs.10/- lacs on 22.12.2010. She was allotted Flat No. KGT 6-701, super area 2070 sq.ft. and one car parking space in “Knight’s Court”, for sale price of Rs.10123430/- on 12.02.2011. As per allotment letter, possession had to be delivered within 36 months, complete in all respect, with grace period of 90 days. Allotment letter also contained Payment Plan, under which, Rs.974896/- was payable at the time of allotment, Rs.8486115/- was payable on or before 12.03.2011 and remaining amount of Rs.956869/- was payable on offer of possession. As per demand, the complainant deposited Rs.8702328/- on 11.03.2011, Rs.10300/- on 03.08.2011 and Rs.18389/- on 01.04.2013 (total Rs.9731017/-). Promised date of possession expired on 12.02.2014 but construction of the project was delayed. The complainant personally enquired about delivery of possession time to time but some imaginary time was informed in this respect time to time. The complaint was filed on 06.11.2017, complaining deficiency in service on the part of developer.

4. The opposite party filed Written Reply on 14.03.2018, in which, material facts have not been disputed. It has been stated that due to shortage of labour, scarcity of water, restriction in excavation, villager’s agitation against acquisition of land, legal impediments as well as economic slowdown, the construction of the project was delayed. As per Clause-7.1, of Standard Terms and Condition, contained in allotment, the period during which, the construction was delayed due to force majeure was liable to be excluded and the developer was entitled for extension of that period. The complainant was duly informed about the delay in construction vide letter dated 09.09.2014. State of U.P. initially delayed in handing over possession of the land in the year 2012. Government of U.P. vide order dated 29.08.2014, directed for payment of additional incentive of 64.7% to the farmers and restricted the developer from entering the land parcels. National Green Tribunal, vide order dated 11.01.2013, restrained all the builder of Noida & Greater Noida from extracting ground water. National Green Tribunal, vide interim order dated 14.08.2013, restrained construction work within radius of 10 km from Okhla Bird Sanctuary, which was extended on 17.09.2013. Final order was passed on 03.04.2014 in above matter and restriction on construction was continued. The developer filed an application for review of the order dated 03.04.2014, which was rejected by National Green Tribunal vide order dated 30.05.2014. The developer challenged the orders in Civil Appeal No.5822-5823 of 2014, which was dismissed on 10.06.2014. Eco-sensitive zone of Okhla Bird Sanctuary was notified on 19.08.2015. The builder was paying delayed compensation in terms of Clause-7.2 of Standard Terms and Conditions. Supreme Court in Writ Petition (Civil) No.744 of 201