Parties may seek compensation for delayed possession under the Consumer Protection Act, irrespective of being subsequent purchasers.

1. The present Consumer Complaint has been filed under S.21(a)(i) of the Consumer Protection Act, 1986 (for short the Act) against the Opposite Party M/s. Emmar MGF Land Limited and Others (hereinafter to be referred as the Opposite Parties) seeking delay compensation @18% for delay in delivery of possession of the Unit.

2. The brief facts leading upto the present Complaint are that the Complainant booked a Residential Unit (hereinafter to be referred as the Unit) in the Project of the Opposite Party called Palm Terraces Sector 66, Gurgaon on 24.4.2010 for a total consideration of Rs. 1,26,21,450. The Complainant was allotted Unit No. PTF - 19-0102 on First Floor in Tower / Block 19 admeasuring 2100 sq.ft. The Opposite Party No. 1 (Emmar MGF Land Limited) and Opposite Party No. 2 (M/s Conscient Infrastructure Private Limited) executed Buyer's Agreement (hereinafter to be referred as the Agreement) with initial allottee (Mr. Nishant Agarwal) on 20.1.2011. As per Clause 14(a) of the Agreement which read as under:
Subject to terms of this Clause and the Allottee(s) having complied with all the terms and conditions of this Agreement and not being in default under any of the provisions of this Agreement and upon complying with all provisions, formalities, documentation etc., as prescribed by the Developer, the Developer shall make all efforts to handover possession of the Unit (which falls within ground plus four floors tower / building) within a period of thirty (30) months from the date of commencement of construction, and for the Unit (which falls within ground plus thirteen floors / building) within a period of thirty six (36) months from the date of commencement of construction , subject to certain limitations as may be provided in this Agreement and timely compliance of the provisions of this Agreement by the Allottee(s). The Allottee(s) agrees and understands that the Developer shall be entitled to a grace of three (3) months, for applying and obtaining the occupation certificate in respect of the Unit and / or the Project.

3. The Complainants submitted that they entered into an Agreement to Sell & Purchase with the Initial Allottee on 4.4.2017 for the purchase of the Unit in the Project for a total consideration of Rs. 1,64,22,323. As per the terms of the Agreement of Sell and Purchase, all the rights, titles and all other interests with all benefits, easement, privileges and appurtenances vested in the Initial Allotee were transferred in toto in the name of the Complainants. The Agreement was endorsed in favour of the Complainants on 22.5.2017 and a Nomination Letter was issued to the Complainants on 3.6.2017.

4. The Complainants stated that the Agreement of sell and purchase was entered into between the Initial Allottee and the Complainants under the assurance from the Opposite Parties that the Unit would be offered to them within a span of three / four months, i.e. by July / August 2017. The Complainants further state that they continued to make payments as and when demanded by the Opposite Parties but the Opposite Parties failed to offer possession of the Unit within the assured timeline.

5. The Complainants submitted that the Opposite Parties issued a Letter of Offer of Possession on 21.2.2018 after a lapse of 1 year from the date of Agreement to Sell and Purchase and more than 4 years from the promised date of possession as per the Agreement. The above letter of offer of possession was served by the Opposite Parties without completing the Unit in all respects. The Opposite Parties sent revised