IMPORTANT POINT
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.

ORDER

Sadhna Shanker, Member.—This complaint has been filed under Section 58(1)(a)(i) read with Section 35(1)(a) of the Consumer Protection Act, 2019 by the flat owners/complainants/allottees seeking direction to the opposite parties to handover possession of their booked apartments, complete in all respects and in conformity with the allotment letter/specifications, with all additional facilities and as per quality standards promised and execute all necessary and required documents i.e. conveyance and registration of the flats in question in favour of the complainants after obtaining valid occupancy certificate and to pay interest at the rate of 9% per annum on the deposited amount from the stipulated date of possession i.e. 30.06.2018 till the date of actual possession is handed over along with compensation of Rs.75,000/- to each of the complainants for mental agony, harassment and discomfort and undue hardship and Rs.50,000/- to each complainants towards cost of litigation.

2. In view of the law laid down by the Hon’ble Apex Court in the case of Brigade Enterprises Ltd. vs. Anil Kumar Vermani, Civil Appeal No.1779 of 2021, the instant complaint has been filed by seven complainants having the same interest i.e. each of the seven complainants is aggrieved by the huge and inordinate delay in handing over legal possession of the respective flats in question including occupancy certificate and delay in completion of the project.

3. The brief facts of the case are that all the seven complainants booked their respective flats with the opposite parties. The details of complainants and their flats, date of allotment of flat, total sale consideration, the total amount paid and stipulated date of possession (inclusive of grace period), are as under:—

4. It is alleged that in terms of Clause 4(i) of the allotment letter, the opposite parties agreed to deliver the respective flats within a period of 48 months (including grace period of 06 months) from the date of completion of raft or 48 months from 30.06.2014, whichever is earlier i.e. on or before 30.06.2018 but the opposite parties have failed to deliver the possession till the date of filing the complaint. It is further alleged that opposite parties issued final statement of account showing outstanding amount which was also paid by the complainants under protest. It is further alleged that the letter dated 02.01.2024 under the heading ‘Offer of Possession’ issued to the complainants stated that the opposite parties have applied for completion certificate and is deemed to be granted by the competent authority if the approval is not received within 08 days from the date of application. Therefore, the said letter cannot be said to be the ‘Offer of Possession’ and the delay compensation ought to be granted till the date of actual physical delivery of the respective flats. It is further alleged that despite the fact that the complainant have paid total consideration amount, till date neither the project is complete nor occupancy certificate has been obtained by the opposite parties. Furthermore, it is alleged that although the offer of possession is not a valid offer of possession since the completion or occupancy certificate has not been obtained by the opposite parties but even if it is assum