Delay in delivering possession of property constitutes deficiency of service, entitling consumer to refund and compensation under Consumer Protection Act.

1. This Complaint has been filed under S.21(a) (i) of the Consumer Protection Act, 1986 (in short the Act) against M/s. Emaar MGF Land Limited (hereinafter referred to as the Opposite Party), seeking the following reliefs:
(i) Direct the Opposite Party for an immediate 100% refund of the total principal amount of Rs. 1,05,13,907 (Rupees One Crore Five Lacs Thirteen Thousand Nine Hundred and Seven Only) paid by the Complainant, along with a penal interest of 18% per annum from the date of the receipt of the payments made to the Opposite Party;
(ii) Direct the Opposite Party to pay compensation of Rs. 10,00,000 (Rupees Ten Lakh Only) to the Complainant for mental agony, harassment, discomfort and undue hardships caused to the Complainant as a result of the above acts and omissions on the part of the Opposite Party;
(iii) Direct the Opposite Party to pay a sum of Rs. 1,00,000 (Rupees One Lakh Only) to the Complainant as a whole, towards litigation;
(iv) That any other and further relief in favour of the Complainant as the Hon'ble Commission may deem fit and proper in the fact and circumstances of the case.

2. The brief facts as stated in the Complaint are that the Complainant lured by the advertisements, representations and assurance of timely delivery of possession made by the Opposite Party, the Complainant on 14.1.2012, for residential purpose, booked an Apartment in the project, namely, ˜Palm Gardens' being developed by the Opposite Party at Sector - 83, Gurgaon, Haryana by paying a booking amount of 7,50,000 for a total sale consideration of Rs. 1,09,15,907. The Opposite Party issued an Allotment Letter dated 25.1.2012 for unit bearing No. PGN - 01-12A06 for super area of approximate 1,900 sq. ft. The Builder Buyer Agreement was executed between the Parties on 16.2.2012. As per Clause 10 (a) of the Agreement, the possession of the Apartment was to be delivered within 36 months from the date of start of construction with a grace period of three months. It is averred that the possession of the Apartment was to be handed over in September, 2015 including the grace period of 3 months, as the construction was started in June, 2012. The Complainant has opted for a construction linked payment plant. It is stated that the Complainant have diligently followed the payment plan and paid all the installments as and when demanded by the Opposite Party totaling to Rs. 1,05,13,907.

3. It is averred that the Opposite Party made demands for the installments without reaching the concerned milestone. It is further averred that the Opposite Party has changed the layout plan of the project without informing the Complainant / Buyers in the year, 2015, when the possession of the Apartment was to be handed over. It is submitted that the Opposite Party failed to complete the construction of the project within the stipulated period and in the year 2016, unilaterally, extended the date of completion of the project to 2018-2019. It is further submitted that the Opposite Party has illegally charged the Complainant under various heads like parking charges, PLC, IFMS, EDC, IDC etc. It is alleged the Opposite Party without having building plans approved by concerned authorities started booking of the Apartments and has collected substantial amounts from the buyers, which is contrary to the law.

4. It is pleaded that the Opposite Party, despite having collected a substantial amount of 1,05,13,907, which is almost 96% of the total sale consideration has failed to deliver the possession of the Apartment, till the date of filing of the present Complaint. It is alleged that the Opposite Party miserably failed to comply with its contractual obligations of handing