Inordinate delay in possession constitutes deficiency in service, entitling consumers to a refund with interest.

2. The brief facts of the case are that the complainants had booked a residential flat with the opposite party in the project on 4.4.2006 by paying a booking amount of Rs 11,53,200 under a Construction Linked payment Plan. As per Flat Buyer Agreement (hereinafter ˜Agreement) executed on 4.4.2006 between the parties, Flat No. D5-403 admeasuring approximately 2810 sq ft was allotted to the complainants for a total sale consideration of Rs 1,15,32,000 and then the area was revised and increased to 2895 sq ft. Possession of the flat was promised as perclause 10 (a) of the Agreement within a period of 36 months with a grace period of 6 months, i.e. by April 2009. Between 26.4.2006 and 28.2.2008 a total sum of Rs 1,11,55,630 was deposited by the complainants in various instalments with the opposite party under the payment plan. However, despite timely payments, the construction of the flat has not been completed or any offer of possession been made by the opposite party despite the lapse of nearly 6 years as on the date of filing of this complaint, i.e., 4.8.2015. It is averred that the opposite party has been making false promises of completion of the tower and have revised the date of completion from 2008 to April 2010 and further to September 2010 citing reasons ˜beyond their control. On 12.3,2015 a demand of Rs 6,07,140.58 was made by the opposite party including Rs. 46,958 towards interest on delayed payment @ 24% despite all payments having been made timely. Rebate for delay in possession was given for 19 months whereas the same was to be provided for 76 months. As the project has been inordinately delayed, complainants have claimed compensation for having stayed in rented accommodation in addition to compensation by way of compound interest @ 18% on thepayment made and other reliefs. The complainants are before us with the following prayer seeking:
(i) Compound Interest @ 18% per annum amounting to Rs. 2,06,67,287 on the total booking amount and payments as per CLP amounting to Rs. 1,11,55,360 plus further such interest till the time such actual payment is made;
(ii) Total rent paid by complainants from April 2009 till July 2015 amounting to a total of Rs. 42,40,000 plus further rent which the complainants would be paying till the time the possession is handed over to them;
(iii) Compound interest @ 18% per annum on the total rent paid amounting to a total of Rs. 29,27,142 plus further such amount with compound interest @ 18% per annum till the time the possession is handed over to the complainants;
(iv) Compensation on account of delayed possession for the past 76 months @ Rs. 28,950 per month as per the terms of Clause 10(c) of the Flat Buyer Agreement amounting to a total of Rs. 22,00,000 plus future compensation at the same rate till the time of the handing over ofthe possession of the said flat to the complainants;
(v) Award compensation of Rs. 10,00,000 on account of harassment, mental agony, anguish, frustration and anger plus further compensation at the same rate till the time of the handing over of the possession of the said flat to the complainants;
(vi) Award litigation cost of Rs. 5,00,000;
(vii) Award pendent lite and future interests on the above amounts;
(viii) Award such other and further compensation that this Honble Commission deems fit a proper under the facts and circumstances of the present case.
The complainants have relied upon this Commissions orders in Subhash Chandra Mahajan & Anr. v. Parasvnath Developers Ltd. in CC No. 144 of 2011 and in Abhishek Kumar Diwedi v. Parasvnath Developers Ltd. in CC No. 200 of 2011 wherein compensation per annum on accountof harassment, mental agony and cost