A buyer cannot be compelled to wait indefinitely for possession of a property, and is entitled to a refund along with compensation in case of significant delays.

1. This complaint is filed under S.21(a)(i) of the Consumer Protection Act, 1986 (hereinafter 'Act') alleging deficiency in service and unfair trade practice by M/s Sahara Prime City Limited, Kapoorthala Complex, Aliganj, Lucknow, the opposite party, in respect of an independent semi - detached house booked by the complainants in project 'Sahara Prime City', Hardoi Road, Lucknow (in short 'the project') promoted and developed by the opposite party.

2. The brief facts of the case are that the complainant had booked an independent, semi - detached house (hereinafter, the 'Unit') with the opposite party in the project on 29.7.2011 by paying a booking amount of Rs. 5.29.594. As per letter dated 29.7.2011 issued by the opposite party, Unit No. S4/12A (Unit Code 061) with unit area 292.81 sq m and plot area of 278.90 sq m was allotted to the complainant at a sale consideration of Rs. 99,50,000. Possession of the said unit was promised as per payment plan extending to 18 months in this letter, i.e., by 12.5.2013. On 30.7.2011, the opposite party issued a letter that a discount against cash down payment of Rs 5,37,300 had been extended to the complainant. However, despite timely payments made by the complainant through 18 instalments after availing a loan of Rs 30 lakh from LIC Housing Finance Ltd., Lucknow, the construction of the flat has not been completed by the opposite party till the date of filing of the complaint. No offer of possession has also been made by the opposite party despite the lapse of nearly 1 year 2 months as on the date of filing of this complaint, i.e., 30.07.2014. It is averred that the opposite party has been making false promises of completion of the project and is now citing reasons 'beyond their control' to cover the deficiency in service.

3. It is averred by the complainant that at the time of booking of the unit she was assured by the opposite party that the project would be completed in 18 months. As on February 2013, she had paid Rs. 96,94,607 which amounted to 97% of the total cost. This included the loan from LIC Housing Finance Ltd which was disbursed in 6 instalments. The opposite party has been raising demands which the complainant has been complying with. She paid Rs. 2,61,969 vide cheque dated 27.1.2014 and Rs. 12,73,698 vide two cheques dated 12.2.2014 against full and final payment. Thereafter, another demand letter was issued dated 20.3.2014 for Rs. 16,400 for electrical maintenance charges and Rs. 3,48,250 on account of Sales Tax while conveying that the possession of the house would be done by 31.12.2014. She has been repeatedly writing to the opposite party since 13.3.2012 to enquire about the status of her unit in the said project but has received no reply. The complainant submits that she was orally informed at the site that the project would be completed by September - October 2013 but as per situation on ground the construction is hopelessly behind schedule and is unlikely to be completed anytime soon. As the project has been inordinately delayed, complainant has claimed refund of the amount deposited along with compensation by way of interest etc and is before us with the following prayer seeking:
(a) Allow the instant complaint;
(b) Direct the opposite parties to immediately handover possession of the said house to the complainant within specified time without claiming any other amount as she had already made total payment of Rs. 1,13,38,649, i.e., excess payment of Rs. 13,88,649 against total cost of house of Rs. 99,50,000;
And
Direct the opposite parties to fulfil the necessary formalities at the earliest like execution of conveyance deed / mutation in respect of said h