The provider's failure to deliver services within an agreed timeframe establishes liability for compensation under consumer protection laws.

1. This Complaint has been filed under S.21(a) (i) of the Consumer Protection Act, 1986 (in short the Act) against M/s. Imperia Structures Ltd. (hereinafter referred to as the Developer), having its registered office at A - 25, Mohan Co - operative Industrial Estate, New Delhi - 110044, seeking the following reliefs:

1. Rs. 20,00,000, as compensation for suffering pains, hardships, humiliations, mental and physical shock, agonies, etc.

2. Rs. 7,21,800, as interest @ 18% p.a. on paid amount, beyond stipulated period of handing over actual physical possession of apartment, 3.9.2014 till date.

3. Rs. 15,18,000 i.e. 20% of cost paid by complainants to opposite party, as penalty for delay in handing over actual, physical possession beyond stipulated period.

4. Rs. 2,00,000 as litigation expenses.

Total Rs. 44,39,800 (Rs. forty four lacs, thirty nine thousand eight hundred only).

5. Refund of Service Tax Rs. 2,41,704 (Rs. Two lacs forty one thousand seven hundred four only) and preferential location charges Rs. 4,95,000 (Rs. four lacs ninety five thousand only) illegally and fraudulently charged from complainants by the Opposite Party.

6. To restrain the opposite party from charging any escalation charges / increasing cost of apartment, external development charges, car parking charges, enhanced super area charges etc. as threatened and being claimed by the opposite party from the complainants.7. Any other order(s) or relief(s), which the Hon'ble National Commission may deem fit and proper, in the facts and circumstances of the case, including cost of complaint, may also be passed in favour of Complainant and against the opposite parties.

2. The brief facts as set out in the Complaint are that the Developer launched a housing project known as Esfera in Sector 37 - C, Guru Gram, Haryana. It is stated that the project was widely advertised by the Developer and on seeing the advertisements, the Complainants approached the Developer and booked Apartment No. 103, in Tower C, admeasuring 1,650 sq. ft. with one parking vide Application dated 3.9.2011. Apartment Buyer's Agreement was entered into on 9.9.2013 for a total sale consideration for Rs. 72,84,950. It is averred that the promised date of delivery was 8.9.2016 and in all the Complainants paid an amount of Rs. 60,92,373 plus service tax of Rs. 2,41,704 towards major part of the sale consideration and the same was duly acknowledged by the Developer.

3. It is averred that the Opposite Party started asking for instalments, despite the fact that the project of the Developer was not approved by the Government of Haryana and due to this reason, the Complainants could not apply for Bank Loan. It is pleaded that the Complainants did not pay the instalments as the project was yet to be approved, but the Developer started charging exorbitant rate of interest from the Complainants. Under these circumstances the Complainants filed a Consumer Complaint No. 1024 of 2012 before the District Consumer Disputes Redressal Forum, New Delhi. It is further submitted that the Developer had entered into a compromise and had withdrawn their claim of instalments pending approval of their project and interest on defaulted instalments and the matter was settled vide order dated 27.11.2013. It is averred that the Developer had intentionally and deliberately delayed the execution of the Builder Buyer Agreement dated 9.9.2013 for two years, therefore the period of three years for handing over of possession is liable to be calculated from the date of booking i.e. 3.9.2011 and not from the date of