ORDER

PER BHARATKUMAR PA ND YA. MEMBER

1. This is a complaint involving builder-buyer dispute wherein the complainant prays for delay compensation from the OP builder in handing over the possession of the apartment. Brief facts of the case are that complainant had executed Apartment Buyers Agreement (ABA) with the OP builder on 15.07.2013 and as per Clause-10 of the Agreement;; possession was to be offered within a period of 42 months with a further grace period of six months. The 48 months period for handing over possession expired on 15.07.2017, but OP builder failed to offer or handover possession by that date. OP builder breached the contractual obligation as set out in Clause-10 of the Agreement and actual possession of the flat was finally handed over much later on 20.04.2018 after the conveyance was executed on 13.04.2018. The offer of possession along with the final demand letter was sent by the OP on 07.12.2007 and the amount demanded was promptly paid on 18.12.2007 Hence, the complainant claimed for delay compensation @ 12% per annum for the period delay of from due date of 15.07.2007 to 20.04.2018 when the possession was actually handed over.

2. The case of the complainant