A consumer retains the right to claim compensation for delayed possession even after taking possession and executing a sale deed, as such acceptance does not waive subsisting claims for prior deficiency in service or unfair trade practices by the developer.

ORDER

DR. INDERJIT SINGH, PRESIDING MEMBER

1. The present Consumer Complaint (CC) has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 by the Complainant against the Opposite Party, inter alia praying for directions to the Opposite Party:

i. To pay compensation for the period of delay, by way of interest @15% per annum on the entire deposited amount for the period from 16.02.2014, being the committed date, till 05.08.2015, being the date of delivery of possession, along with future interest till realization;

ii. To pay interest @15% per annum on the amount of Rs.51,75,789.93 for the period from June 2011 to January 2012, during which period, according to the Complainant, the Opposite Party utilized the amount without executing the buyer's agreement;

iii. To pay compensation of Rs.3,00,000/- for mental agony, physical harassment, deficiency in service, unfair trade practice, negligence and financial loss; and

iv. To pay litigation costs of Rs.1,00,000/-(one Lakh Only).

2. It is averred/stated in the Complaint that:

i. The Complainant applied on 31.03.2011 for allotment of a residential plot measuring 350 square yards in the project "DLF Hyde Park Estate, New Chandigarh (Mullanpur), Punjab" and paid a booking amount of Rs. 12,00,000/-, whereupon Plot No. HPE-R1-F708 was allotted to him. Despite repeated requests for the buyer's agreement, the Opposite Party continued to raise demands and by 26.12.2011 had already received Rs.51,75,789, i.e. more than 50% of the basic sale price, though the agreement was executed only on 17.02.2012.

ii. The total sale consideration of the plot was Rs.95,80,155 comprising basic sale price, external development charges and maintenance security. Under Clause 32 of the Plot Buyer's Agreement, possession of the fully developed plot was to be delivered within 24 months of execution of the agreement, i.e. on or before 16.02.2014. The Complainant asserts that by 21.09.2013 he had already paid Rs.90,06,044, yet possession was not delivered by the stipulated date.

iii. Although the Opposite Party issued a possession letter dated 22.12.2014 and demanded Rs.21,30,595, actual physical possession was not delivered even after the Complainant paid the said amount on 16.01.2015. Thereafter, yet another demand of Rs.64,676 was raised on 30.06.2015, which he paid under protest, and only thereafter possession certificate dated 05.08.2015 was issued.

iv. There was a delay of about 18 months in handing over possession and the Opposite Party failed to pay fair compensation for such delay. The Opposite Party also delayed execution of the agreement in violation of Section 6 of the Punjab Apartment and Property Regulation Act, 1995, and imposed one-sided terms including a clause under which the allottee was liable to pay delayed payment interest at 12% p.a. for the first 90 days and 15% p.a. thereafter, whereas compensation payable by the builder for delayed possession was meagre.

3. The Opposite Party in its written statement/reply stated that:

i. The complaint is not maintainable before the Consumer Commission since it allegedly involves complex questions requiring interpretation of contractual terms and final statement of accounts; the complaint is barred by limitation; the Complainant ceased to be a consumer after taking possession and execution of sale deed on 05.08.2015; and the dispute ought to be referred to arbitration in terms of the arbitration clause in the agreement.

ii. On merits, the Opposite Party admitted allotment of the plot and execution of the Plot Buyer's Agreement dated 17.02.2012, but contended that th