PER MR SUBHASH CHANDRA, MEMBER

            The present Consumer Complaint has been filed under Section 12 (1) (a) read with Section 21 (a) (i) of the Consumer Protection Act, 1986 by the complainants against the Opposite Party viz., Ireo Pvt. Ltd., alleging unfair trade practices and deficient services rendered in respect of a group housing project of the Opposite Party called ‘Skyon’ located at Sector 60, Gurgaon, Haryana.

2.     The facts leading to the complaint are that the Complainants had booked a residential unit viz.  Apartment no. D – 0703, 7^th Floor, Tower D, ‘Skyon’, Sector 60, Gurgaon, Haryana in the said project being developed by the Opposite Party on 26.06.2011 by paying a booking amount of Rs.15,22,316/- to the Opposite Party. On 11.07.2011, the Opposite Party issued an allotment offer letter and three months later executed the ‘Apartment Buyers Agreement’ in respect of the said apartment.

3.      Complainants have averred that as per the Apartment Buyer’s Agreement, the Opposite Party agreed to deliver the possession of the apartment in 42 months, i.e., by December 2014 with a grace period of 180 days after expiry of the commitment period, i.e., by 17.11.2015. However, despite the payment of 100% of the sale consideration by the Complainant to the Opposite Party, i.e., Rs.1,76,71,537/- and the lapse of 23 months from the expiry of the 42 months committed, possession has not been handed over by the Opposite Party. Aggrieved, the Complainants are before this Commission with the prayer to:

1. Allow the present complaint and declare the conduct of the Opposite Party to be an unfair trade practices and declare that they have rendered deficient services;
2. Direct the Opposite Party to hand over possession of the apartment and execute the Conveyance Deed after completing the individual apartments as well as the said project as per the representations made and agreed upon between the parties’
3. Direct the Opposite Party to pay interest @ 18% per annum or any other rate deemed appropriate by this Commission for the delay in completing the project, on the total consideration amount paid by the Complainants which is to be calculated from the date of its payment to the date of handing over the possession after completing the project in entirety to make it habitable;
4. Direct the Opposite Party to refund the cost of parking, i.e., Rs.8,00,000/- (rupees eight lakh only) per parking which has been illegally charged by the Opposite Party’
5. Direct the Opposite Party to refund the Service Tax charged from the Complainants;
6. Declare the act of delay in handing over possession and delay in execution of Conveyance Deed as an act of ‘deficiency of service’ and ‘unfair trade practices’’;
7. Award compensation for mental agony and harassment; and
8. Pass any other order or direction as this Hon’ble Commission may deem fit in the interest of justice.

4.     The Opposite Party has resisted these claims. Several contentions have been raised. Learned counsel appearing on behalf of the Opposite Party, however, admitted that the Complainant had booked the said flat and an allotment offer letter was issued. It was also admitted that the Apartment Buyer’s Agreement was executed on 17.10.2011. However, there is no deficiency in service.  As per clause 13.3 of the Buyer’s Agreement, it is