JUDGMENT

1.       Heard Mr. Ramnish Khanna, Advocate, for the complainant and Mr. Pravin Bahadur , Advocate for the opposite party.

2.       Above complaint has been filed for directing the opposite party to obtain “Occupancy Certification” and hand over possession of the flat, complete in all respects, as per agreement, forthwith and for other ancillary prayers.

3.       The complainant stated that the opposite party was a company registered under the Companies Act, 1956 and engaged in the business of construction and development of the group housing projects. The opposite party launched a project in the name of ‘Indiabulls Enigma’ at Pawala Khusrupur Village, Sector 110, District Gurgaon, in the year 2011. On coming to know about the project, the complainant booked a flat and deposited Rs.500000/- on 08.12.2011. The opposite party allotted Apartment No. H-042, at 4^th Floor, in Block H, saleable area 3830 sq.ft. along with three car parking space to the complainant. Buyer’s Agreement was executed in favour of the complainant on 23.05.2012. As per clause 21 of the Buyer’s Agreement, the builder was liable to give possession in three years with grace period of six months from the date of execution of the buyers’ agreement. The payment plan was “Construction Linked Payment Plan”. As per demand of the builder, the complainant made timely payment of the instalment and total Rs.22910575/- was paid up to 11.03.2016. The due date for possession with six months grace period, expired in November, 2015.  However, the opposite party failed to offer the possession to the complainant. The complainant gave an email enquiring the expected date of possession but no satisfactory reply has been given. Then this complaint was filed on 01.08.2018.

4.       The opposite party filed its written reply on 07.12.2018, in which material facts have not been disputed. However, it has been stated that due to unavoidable circumstances, the construction was delayed and the possession could not be delivered on the committed date of possession. The opposite party completed construction of the tower in the year 2018 and applied for issue of “Occupation Certificate”, which was issued on 17.09.2018 and thereafter, the opposite party offered the possession to the complainant vide letter dated 29.11.2018. 

5.       The complainant filed Rejoinder on 17.05.2019 and Affidavit of Evidence of Rajiv Ahuja. The opposite party filed Affidavit of Evidence of Sushil Singh.  Both the parties filed their short synopsis. 

6.       We have considered the arguments of the counsel for the parties.  The opposite party has offered possession to the complainant vide letter dated 29.11.2018. Only dispute between the parties is in respect of compensation for delay in possession and the interest which is being claimed by the builder after offer of possession. As per clause 21 of the agreement, the builder was liable to pay delayed compensation @Rs.five per sq.ft. of the super area. However, Supreme Court in Wg. Cdr. Arifur Rahman Khan Vs. DLF Southern Homes, Pvt. Ltd., (2020) 16 SCC 512, held that the builder is liable to pay delayed compensation in the form of interest @6% per annum on the deposit of complainant from due date of possession till the offer of possession.

7.      In view of the judgment of Supreme Court, the complainant is entitled for compensation for delay in possession in the fo