The court affirmed the obligation of the Developer to complete the construction and deliver possession promptly, along with compensatory measures for delays.

1. The Complainant Association on behalf of its Members had filed two Consumer Complaint Nos. 86 of 2018 and 2600 of 2018 before this Commission seeking a direction to the Opposite Party, M/s. Ansal Crown Infrabuild India Pvt. Ltd. (hereinafter to be referred to as 'the Developer') to complete its Project, namely, 'Ansal Crown Heights' at Sector 80, Faridabad, Haryana and hand over the possession of the Apartments booked by its Members along with delay compensation or in alternative to refund the deposited amount with interest and compensation as the Opposite Party - Developer has miserably failed to deliver the possession of booked Apartments to the Members of the Complainant Association in terms of the Agreements executed between the parties. By Common Order dated 28.2.2022 both the Complaints were disposed of with the following observations:
'At this juncture, learned Counsel appearing for the Opposite Party Developer vigorously urged that the construction work at the site is in full swing, 'fire NOC' has been obtained for Tower 7, 8 and 9 and the Project is likely to be completed by June 2022. He also submitted that the Opposite Party - Developer is also ready to pay the delayed compensation as agreed upon by both the parties and if a direction is given by this Hon'ble Commission for refund of the deposited amount to the Members of the Complainant Association, it will badly affect the Project and the interest of the other Allottees who are hoping a shelter over their head for a long period. He further submitted that as per Court Order dated 4.10.2021, a meeting on 6.10.2021 and again on 17.10.2021 was held and both the parties have agreed for the compensation to be calculated @ 6.5% p.a. for the period commencing from the date of agreed completion till the final committed date of possession. However, at the last moment, the Complainant Association did not sign the settlement as they were insisting upon 'interim compensation'. In view of this, it is suggested on behalf of the Complainant Association that instead of refund, the most of the Members of the Complainant Association are open to take possession of the Allotted Flats / Apartments as long as the Opposite Party - Developer pays the delayed compensation due to date at the rate as decided by this Hon'ble Commission, within a period of 45 days and continue to pay compensation at that rate every month till possession is finally offered.
Having given our thoughtful consideration to the aforesaid proposition and the fact that the main prayer of the Members of the Complainant Association is a direction to the Opposite Party - Developer to complete the Project in terms of the Agreement and to hand over the possession with delayed compensation and in alternative to refund the deposited amount with reasonable interest, we dispose of both the Consumer Complaints in the following manner:
(i) Both the Complaints are partly allowed:
(ii) The Opposite Party - Developer shall complete the Project in all respects in terms of Agreement and hand over the possession of allotted Flats / Apartments to the Members of the Association along with necessary documents including occupation certificate;
(iii) The Opposite Party - Developer shall pay delay compensation in the form of interest @ 9% p.a. on the amount deposited by the Members of the Complainant Association from the committed date of possession till the actual date of offer of possession;
(iv) The Opposite Party - Developer shall work out the Compensation till the date of passing of this order, after making adjustment of the outstanding charges payable by the Members of the Complainant Association in terms of the agreement / payment schedule and make the payment of the balance comp