Consumer rights protect buyers from undue delays in property possession, ensuring timely refunds with interest.

1. Heard Mr. Prabhakar Tiwari, Advocate, for the complainant and Mr. Sudhir Makkar, Senior Advocate, assisted by Mr. Sumeet Sharma, Advocate, for the opposite party.

2. Ms. Narinder Chopra has filed above complaint, for directing the opposite party (i) to refund entire amount of Rs. 97,31,017 with interest @18% per annum, from the date of deposit till the date of refund, (ii) to pay Rs. 10 lacs as compensation for mental agony and harassment, (iii) to pay Rs. 2 lacs, as cost of litigation and (iv) any other relief which is deemed fit and proper in the circumstances of the case.

3. The complainant stated that M/s. Jaiprakash Associates Limited (the opposite party) (the developer) was a company, registered under Companies Act, 1956 and engaged in the business of development and construction of residential and commercial building and selling its unit to the prospective buyers. The developer launched a project of group housing in the name of Knights Court at Sector - 128, Noida, in the year 2010 and gave attractive advertisements. The complainant booked a flat and deposited Rs. 10 lacs on 22.12.2010. She was allotted Flat No. KGT 6-701, super area 2070 sq.ft. and one car parking space in Knights Court, for sale price of Rs. 1,01,23,430 on 12.2.2011. As per allotment letter, possession had to be delivered within 36 months, complete in all respect, with grace period of 90 days. Allotment letter also contained Payment Plan, under which, Rs. 9,74,896 was payable at the time of allotment, Rs. 84,86,115 was payable on or before 12.3.2011 and remaining amount of Rs. 9,56,869 was payable on offer of possession. As per demand, the complainant deposited Rs. 87,02,328 on 11.3.2011, Rs. 10,300 on 3.8.2011 and Rs. 18,389 on 1.4.2013 (total Rs. 97,31,017). Promised date of possession expired on 12.2.2014 but construction of the project was delayed. The complainant personally enquired about delivery of possession time to time but some imaginary time was informed in this respect time to time. The complaint was filed on 6.11.2017, complaining deficiency in service on the part of developer.

4. The opposite party filed Written Reply on 14.3.2018, in which, material facts have not been disputed. It has been stated that due to shortage of labour, scarcity of water, restriction in excavation, villagers agitation against acquisition of land, legal impediments as well as economic slowdown, the construction of the project was delayed. As per Clause 7.1, of Standard Terms and Condition, contained in allotment, the period during which, the construction was delayed due to force majeure was liable to be excluded and the developer was entitled for extension of that period. The complainant was duly informed about the delay in construction vide letter dated 9.9.2014. State of U.P. initially delayed in handing over possession of the land in the year 2012. Government of U.P. vide order dated 29.8.2014, directed for payment of additional incentive of 64.7% to the farmers and restricted the developer from entering the land parcels. National Green Tribunal, vide order dated 11.1.2013, restrained all the builder of Noida & Greater Noida from extracting ground water. National Green Tribunal, vide interim order dated 14.8.2013, restrained construction work within radius of 10 km from Okhla Bird Sanctuary, which was extended on 17.9.2013. Final order was passed on 3.4.2014 in above matter and restriction on construction was continued. The developer filed an application for review of the order dated 3.4.2014, which was rejected by National Green Tribunal vide order dated 30.5