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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ram Surat Ram Maurya, Presiding Member and
Dr. Inder Jit Singh, Member
Sushil Singal —Complainant
versus
M/s. Sepset Properties
Private Limited —Opp. Party
Consumer Case No.1086 of 2019
Decided on 1.11.2022
Counsel for the Parties:
For the Complainant:Mr. Nithin Chandran, Advocate
For the Opp. Party:Mr. Aniket Rajpur, Advocate with Mr. Ahanthem Henry, Advocate
IMPORTANT POINT
Compensation - The plea of OP for entitlement of compensation to the complainant in accordance with provisions of the BBA is not valid.
Headnote:
Consumer Protection Act, 1986—S. 21(a)(i) —[Consumer Protection Act, 2019 —S.58(1)(a)(i)]—Services – Real Estate – Allotment of Flat – Delayed Possession – Compensation - Complaint has been filed for alleged delay in delivery of possession – Thus, in the instant case, there is a delay of about two years in handing over the possession of flat by the OP. The complainant cannot be made to wait for an indefinite time and suffer financially. Hence, the complainant in the present circumstances, have a legitimate right to get timely possession alongwith fair delay compensation/interest from the OP. The plea of OP for entitlement of compensation to the complainant in accordance with provisions of the BBA is not valid - OP to deliver the possession of the unit in question to the complainant, if not done already, complete in all respects with amenities and facilities, as promised in the brochure and/or agreement, within one month from the date of this order, along with delay compensation in the form of simple interest @6% p.a. on the total amount paid by the complainant from the committed date of possession (30.04.2017) to the date of offer of possession (24.01.2019) [Paras 8, 9]
Result: Complaint allowed.
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed by the Complainant against the opposite party as detailed above, inter aila praying for:—
(i) to pay delayed possession compensation equal to interest @12% per annum on the amount deposited by the Complainant with the OP, from the promised date of possession, i.e., April 2017 till the date of physical possession.
(ii) to pay Rs.5,00,000/- as compensation on account of mental agony and harassment.
(iii) to pay Rs. 2,00,000/- towards cost of proceedings etc.
2. Notice was issued to the opposite party on 27.06.2019 giving them 45 days’ time to file their written statement.
3. It is averred/stated in the complaint that:—
(i) That the son of the complainant Mr. Nalin Singal booked a flat on 29.12.2012 in the residential Project launched by the OP in the name of “Paras Dew’s”, at Sector-106, Dwarka Expressway, Daultabad, Gurgaon, Haryana by paying a booking amount of Rs.7,50,000/-. After booking, he transferred the rights and liabilities attached to the Apartment in the name of his father, Mr. Sushil Singal, the complainant and was allotted flat No. T-C/0002 on Ground Floor, Tower ‘C’ admeasuring super area of 1760 sq. feet and allotment letter dated 10.01.2013 was issued. Builder Buyer Agreement dated 30.04.2013 was entered between the parties. The total consideration for the flat was Rs.1,16,70.720/-, out of which, the complainant paid Rs.1,25,78,460/- till the filing of this complaint, i.e. 30.04.2017. The OP was liable to handover the possession of the unit within 42 months from the date of Agreement with a grace period of six months, i.e. 30.04.2017.
(ii) After having paid a substantial portion of the consideration for the flat, the OP failed to hand over the possession within the stipulated period, i.e. April, 2017. On 24.01.2019, after a delay of about two years, the OP issued offer of possession vide letter dated 24.01.2019. The complainant made numerous attempts to communicate with the OP but instead, the OP issued letter of offer of possession whereby the complainant had to take possession within 30 days, i.e. by 24.02.2019.
(iii) As the OP not only failed to deliver the possession within the promised time period, but also failed to adequately compensate the complainant towards the inordinate and unjustified delay in offering the possession. Therefore, the complainant filed complaint before this Commission.
4. No reply was filed by OP in response to notice dated 27.06.2019, no one appeared on behalf of the OP on 21.10.2019 & 20.12.2019 despite service having been effected. Hence, the OP was proceeded ex-parte on 20.12.2019 and their right to file written statement was closed on that day.
5. Evidence by way of affidavit was filed by the complainant on 24.01.2020 broadly on the lines of averments made in the complaint.
6. Heard counsels of both sides. The details of the flat allotted to the Complainant/other relevant details of the case are given in the Table below:—
| Sr. No. | Particulars | |
| 1. | Project Name/Location etc. | ‘Paras Dew’s’, Sector 106, Dwarka Expressway, Daultabad, Gurgaon, Haryana |
| 2. | Apartment no. Floor, Tower-C | T-C/002, Ground |
| 3. | Size (Built up/Covered/Super Area) | 1760 sq.ft. |
| 4. | Date of application | 29.12.2012 |
| 5. | Date of signing Builder Buyers’ Agreement | 30.04.2013 |
| 6. | Committed date of possession as per BBA (with Grace period, if any) | 30.04.2017 |
| 7. | D/o Offering Possession | 24.01.2019 |
| 8. | Total Consideration | Rs.1,16,70,720/- |
| 9. | Amount Paid | Rs.1,25,78,460/- |
| 10. | D/o Filing CC in NCDRC | 24.06.2019 |
| 11. | D/o Issue of Notice to OP | 27.06.2019 |
| 12. | D/o Filing Evidence by way of Affidavit by the Complainant | 24.01.2020 |
| 13. | D/o filing Written Synopsis by the Complainant | 23.06.2021 |
| 14. | D/o filing Written Synopsis by the OP | 10.10.20 |
