The execution of a conveyance deed and prior acceptance of compensation settle a builder-buyer dispute, preventing subsequent claims of deficiency despite contractual delays.

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 is that the possession of the apartment was to be offered within 42 months (i.e. by 15.01.2017) with a further grace period of six months (i.e. by 15.07.2017) whereas the actual possession of the flat was handed over only on 20.04.2018 (page 61 of the complaint) as per possession letter dated 20.04.2018. OP builder miserably failed to hand over the possession even within the grace period of six months. A belated notice of possession (not actual offer of possession) was issued by the OP builder on 07.12.2017. As per the statement of account attached to the notice of possession, final payment had to be made by the Complainant by 08.01.2018. The entire balance payment was made by the Complainant well before the final date of 08.01.2018. In spite of the fact that final payment was made by the complainant well before the last date of 08.01.2018, the actual possession of the flat was handed over much later on 20.04.2018. Therefore, complainant is entitled to claim delay compensation till 20.04.2018 when the possession was actually handed over.

4. The allegations in the complaint are vehemently denied in reply while raising many preliminary objections to the complaint, it is the submission of the OP builder that the complainant accepted the delay compensation calculated as per the terms of the agreement (clause 13) executed between the parties and adjusted against her account without any protest and has thereafter also executed the conveyance deed and taken possession of the concerned apartment much before two years of filing the complaint. The OP has delivered an exemplary building complex and construction and has diligently provided all the promised facilities and amenities without leaving any scope for any grievance or dissatisfaction on any count to any of the allottees. Neither during construction phase nor at the time of conveyance nor of possession nor thereafter till filing of the complaint in 2022, has the complainant communicated even any minor grievance or deficiency in service, because, in fact, there is no deficiency on the part of the OP and all the allottees including the complainant are fully satisfied. As such, once the conveyance deed has been executed without any reservation or any conditionality or any grievance immediately thereafter, there can be no question of any cause of action surviving. As per OP builder, the claim for compensation for alleged delay is baseless and liable to be rejected for the reasons that (i) The ABA was entered into on 15.07.2013 and the possession of completed apartment was to be offered