The ruling affirms that delivery of possession must align with statutory obligations, including the provision of necessary occupancy certificates, which are essential for validating consumer rights in real estate transactions.

ORDER

1. Aggrieved against non-delivery of apartment booked by the complainant with the respondent, despite having paid 94% of the consideration amount, present complaint has been preferred on behalf of the complainant, seeking following reliefs:-

“i. Deliver to the complainants, within a time-bound period, vacant peaceful possession of the apartment/flat bearing number 'T25/15 01", Paras Tierea, Sector 137 Greater Noida Expressway, Noida (U.P.), after completing the finishing work along with authentic/certified copies of the Completion Certificate and the Occupancy Certificate; and also interest @18% per annum (on delayed delivery of possession) on the amounts paid by complainants to the OPs, which is estimated to be Rs.40,75,784/- till 31.01.2018;

ii. Pay to the complainants further interest 18% per annum w.e.f. the date of fling of the present complaint ill actual payment, ill Compensation to the tune of Rs.5,00,000/- (Rupees five lakhs) for the immense mental agony, harassment, loss and injury suffered by the complainants due to the deficient services and unfair trade practices of the OP's; and IV. Costs to the tune of Rs.1,00,000/- (Rupees one lakh) to cover legal and miscellaneous expenses.

OR IN THE ALTERNATIVE

i. Refund to the complainants their entire principal amount of Rs.59,06,398/- with interest @ 18% per annum calculated w.e.f. the respective dates of payments, which is estimated as Rs.50,18,631/- (Rupees fifty lakh eighteen thousand six hundred thirty one) only till 31.01.2018:

ii. Pay to the complainants further interest @18% per annum w.e.f. the date of filing of the present complaint till actual payment;

iii. Pay to the complainants compensation to the tune of Rs.5,00,000/-(Rupees five lakhs) for the immense mental agony, harassment, loss and injury suffered by them; and iv. Costs to the tune of Rs.1,00,000/- (Rupees one lakh) to cover legal and miscellaneous expenses.

2. In brief, as per the case of the complainants, apartment bearing No. 01 (15^th Floor) in Tower No. 25 measuring 1567 sq. ft. was booked with the opposite party in project titled as ‘Paras Tierea’ for consideration of Rs.60,60,925/-. Amount of Rs.57,19,367/- which is over 94% of the consideration thereof along with sum of Rs.1,73,532/- towards service tax and Rs.13,499/- as interest demanded by Ops was paid by the complainants (i.e. total amount of Rs.59,06,398/- was paid).

An agreement was also executed between the parties on 25.04.2012 containing the detailed terms of the allotment. The offer of possession was issued by OP-1 vide letter dated 31.05.2016 followed by reminder dated 11.08.2016 with demand for balance payment, whereby it was also informed that interest @ 18% p.a. would be chargeable on delay in making the payment. It is further the case of complaint that letter dated 11.08.2016 with statement of account was forwarded by OP demanding a payment of Rs.3,24,188/- on being requested to provide copies of completion certificate (CC) and Occupancy Certificate (OC). Further, in response to an e-mail dated 03.10.2016 from the complainant, OPs instead of providing the OC and CC issued a letter dated 05.01.2017 reiterating the non-payment of balance amount by the complainant. The complainants to show their bona fide, issued letter dated 18.01.2017 along with photocopies of cheques for amount of Rs.2,63,311, 78,250/- and 54,336/- which was duly acknowledged by the OPs and informed that the amount due is Rs.3,19,773/-, Rs.78,250 and Rs.54,336/-. It is further the case of complainants that the flat was offered despite deficiencies and though the finishing work was yet to be completed. The flat was thereafter cancelled by OP vide letter dated 04.03.2017. On fail