Failure by a developer to deliver possession of a residential unit within the stipulated contract period constitutes a deficiency of service under the Consumer Protection Act, 2019, entitling the aggrieved buyer to a full refund of deposit, interest, and compensation.

Present: None for the Complainant

Mr. T.P. Chauhan and Ms. Vani Gupta, counsel for the OP (Mobile: 9013839160)

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainant under Consumer Protection Act, 2019 before this commission alleging deficiency of service on the part of Opposite Party and has prayed the following reliefs:

a) Direct the respondent to pay a sum of Rs.53,49,478.71 (Rupees Fifty Three Lacs Forty Nine Thousand Four Hundred Seventy Eight and Seventy One Paisa) being the principle amount;

b) Direct the respondent to pay Rs.5,00,000/- on account of mental pain, agony and mental harassment;

c) Direct the respondent to pay the Rs.2,00,000/- on account of litigation charges;

d) Direct the respondent to pay the pende-lite an future interest @24% per annum from the date of filing of the Complaint till it’s realization;

e) Award the cost of omplaint;

f) Any further orders.

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant booked a residential flat in the project namely ‘Parsvnath Privilege’ developed by the Opposite Party at Greater Noida, Uttar Pradesh. Subsequently, the Opposite Party vide Provisional Allotment Letter dated 23.03.2007, allotted flat bearing no. T15-1201 admeasuring 1855 sq. ft. in the aforesaid project. Thereafter, a Flat Buyer Agreement dated 21.07.2007 was executed between the parties with respect to the said flat for a total sale consideration of Rs.52,86,756/-. The Complainant opted for the construction-linked payment plan for the said flat. As per Clause 10(a) of the Flat Buyer Agreement dated 21.07.2007, the Opposite Party was required to complete the construction of the said flat within 36 months from the date of commencement of construction of the particular block in which the said flat was situated. However, the Opposite Party failed to complete the construction of the said flat till date. Moreover, the Complainant made several communications regarding the status of construction and delivery of possession but the Opposite Party failed to provide any satisfactory response.

3. The Complainant over the time had paid a sum of Rs.53,49,478.71/- to the Opposite Party as and when demanded by it. The Complainant also sent a legal notice dated 27.08.2022 to the Opposite Party seeking possession of the said flat or in the alternative, refund of the amount paid along with interest but the same was of no avail.

4. During the course of proceedings, notice was issued to the Opposite Party on 19.01.2023. However, the Opposite Party failed to file its written statement within the period stipulated under the Consumer Protection Act, 2019 despite service. Consequently, this Commission vide order dated 24.07.2023, closed the right of the Opposite Party to file the written statement. Since the Opposite Party failed to file its written statement, the averments made by the Complainant in the present complaint remain unrebutted.

5. The Complainant has filed evidence by way of affidavit in order to prove the averments made in the present complaint.

6. The Complainant has filed written arguments and reiterated the allegations made in the present complaint.

7. The Opposite Party has filed written arguments and raised preliminary