Consumer agreements with one-sided clauses are unenforceable; delayed possession incurs compensation at 8% interest.

1. The present Consumer Complaint has been filed under S.21(a)(i), S.22(1) of the Consumer Protection Act, 1986 (for short the Act) against Opposite Party M/s. Emaar MGF Land Limited (hereinafter referred to as OP Developer) by Deepika Chaudhary Chandra and her husband Arun Kumar Chandra, Complainants / Allottees of Residential Apartment in a Group Housing Project, namely, Palm Terrace Select (for short the Project), to be developed and constructed by the OP Developer in Village Badshahpur, Sector 66, Gurugram, Haryana, seeking compensation towards delayed delivery of the possession of the allotted Apartment / Unit besides other reliefs.

2. According to the Complainant, the brief facts giving rise to filing of the present Complaint are that allured by the advertisement and the assurances given by the representative of the OP Developer that the construction of the Apartment would be completed and possession would be given within stipulated time, the Complainants jointly booked an Apartment in the Group Housing Project, namely, Palm Terrace Select (for short the Project), to be developed and constructed by the OP Developer in Village Badshahpur, Sector 66, Gurugram, Haryana, on 18.7.2010 by paying a booking amount of Rs.10,00,000. The Complainants were allotted Unit No. PTS - 10-0502 by the OP Developer vide allotment letter dated 16.8.2010. It is averred that two copies of Apartment Buyer's Agreement (hereinafter referred to as Agreement) were sent by the Developer for signature vide letter dated 17.9.2010 and thereafter one signed set was sent back to them vide letter dated 15.10.2010. However, no date of execution of the Agreement was mentioned on the Agreement. It was also averred that the Agreement contained various unilateral terms and conditions which were wholly one - sided, unfair and without giving any bargaining power to them. As per Agreement the total cost of the Apartment was Rs.1,71,56,670. As per Clause 14 of the Agreement, the possession of the Apartment was to be delivered within a period of 36 months (plus grace period of 3 months) from the commencement of the construction. It was also averred that despite having received more than 50% of the sale consideration, i.e., of Rs.90,47,3674, from the date of booking, the OP Developer did not even started the construction. The construction could be started on 31.7.2012, therefore, as per terms of the Agreement the possession of the Apartment was to be delivered by 31.10.2015. The Complainants had deposited more than 95% of the total sale consideration, i.e., Rs.1,68,74,791 as per demands of the OP Developer on different dates upto the date of filing of the Complaint, i.e., May, 2018, despite that OP Developer failed to deliver the possession of the Apartment within stipulated period. It was also averred that the OP Developer has wrongly charged Rs.7 lakh towards two car parking as the basement car parking spaces forms part and parcel of the common area, therefore, there is no ownership right which gets transferred to the Allottee. Alleging deficiency in service on the part of the OP Developer, the Complainant has filed the present Consumer Complaint seeking following reliefs:
(a) Direct Opposite Party to handover possession of Apartment duly completely in all respect i.e. in habitable condition and in conformity of the specification to the Complainants after taking the complete Completion Certificate and duly registering Apartment in the name of the Complainants as expeditiously as possible;
(b) Direct the Opposite Party to pay interest at the rate of 24% per annum on the amounts