ORDER

Deepa Sharma, Presiding Member—The present appeal has been filed by the appellant/opposite party against the Order dated 23.04.2018 of the State Commission whereby the complaint no. 595 of 2017 was allowed.

2. Brief facts of the case are that the complainants/respondents booked a flat in the project of appellant Company in “The DLF Valley” situated in Sector-3, Kalka Pinjore Urban Complex, Panchkula on 30.03.2010. The complainants were allotted unit no. DVF-E7/29, second floor of 1450 sq. ft. vide allotment letter dated. 03.04.2010 and subsequently on 24.02.2011, Independent Floor buyer’s agreement was also executed in their favour. The respondents/complainants had paid Rs. 31,91,915/- to the appellant against the total sale consideration of Rs. 32,18,999/-. As per clause 11 (a) of the agreement, the appellant promised to deliver possession within 24 months from the date of execution of the agreement i.e. by 23.02.2013. The respondents were, however, offered possession of the said unit on 15.11.2016, after a delay of more than 30 months. The appellant vide possession letter dated 15.11.2016 increased area by 157 sq.ft. and charged Rs. 2,50,000/- for the said increase. It is also stated by the respondents that on paying visit at the site it was found that the unit in question and other amenities/ facilities as promised were not even ready for the possession and work is still to be done by the opposite party. The act of the appellant of making an offer of possession of the unit which is not complete in all respect has caused undue harassment and mental agony to the respondents. Respondents being aggrieved by the said act of the appellant filed a complaint before state commission for handing over of physical and legal possession of the unit complete in all respect as promised along with all promised facilities and amenities and to obtain all due permissions and certificates including completion certificate and to pay interest at 24% p.a for delay in handing over of possession and Rs. 5,00,000/- as compensation for mental agony and harassment and Rs. 75,000/- as litigation cost.

3. The opposite party had filed its objections in its written statement before the State Commission wherein it contended that the complaint has become infructuous as offer of possession was offered to complainants on 15.11.2016 after receiving Occupancy certificate on 19.07.2016 but neither the possession was taken nor the due amount as raised was paid by the complainants. It was further contended that the project was escalation free and complainants were getting benefit of said escalation on account of construction material/ labour cost and price appreciation. It is also contended that delay was caused due to stay on construction ordered by the High Court and thereafter by Hon’ble Supreme Court due to third party litigation involving acquisition proceedings of land of the litigants in the year 2010 and 2012. Therefore, complainants were offered exit option vide letter dt. 05-06-2013. Having an exit option which they failed to avail and having consented for the extension of time, they had voluntarily waived their rights to raise any grievance.

4. State Commission vide impugned order allowed the complaint and issued following directions:—

“(i) To hand over physical possession of the unit(s), allotted in favour of the complainant(s), complete in all respects, to the complainant(s), after removing the snags, if any, within a period of 30 days , from the date balance payment, wherever due, is made and documents, are submitted.

(ii) Execute and get registered the sale deed(s) in respect of the unit(s), in question, within one month from the date of handing over of possession to the complainant(s). The stamp duty, registration charges and incidental expenses, if any, shall be borne by the complainant(s).

(iii) To pay compensation, by way of interest @12% p.a., on the deposited amount, to the complainant(s), with effect from 24.02.2014, 17.02.2014, 14.