ORDER

MR SUBHASH CHANDRA, MEMBER

        This complaint has been filed under section 21 (a) (i) of the Consumer Protection Act. 1986.  The complainants have alleged that there has been delay by M/s Three C Shelters Pvt. Limited (Opposite Party) in delivering the residential unit booked by them in the project executed by the opposite party, namely ‘Project Greenopolis’, situated in Sector 89, District Gurgaon, Haryana. They have, therefore, claimed refund of the amount deposited along with interest and other compensation from the opposite party.

2.     The facts of the case are that the complainants had booked a residential flat in the above-said project on 06.11.2012 and were allotted apartment no. 201, Second Floor, Tower 7 with super area ad-measuring 1660 sq ft for a total sale consideration of Rs.1,03,16,625/-. An Apartment Buyer’s Agreement was signed by them with the opposite party on 19.06.2013. As per clause 5 (1) of this agreement, the opposite party undertook to complete the construction of the apartments within 36 months with a grace period of six months from the date of allotment of the apartment, i.e., 16.11.2012. The complainants had deposited Rs.9,09,339/- at the time of booking of the said apartment and thereafter obtained home loan from the ICICI Bank and deposited various amounts with the opposite party from time to time from their savings and this loan totalling to Rs.95,35,705/- as on 08.03.2016. According to the complainants all the amounts were paid without delay and against receipts.

3.     The complainants have alleged that the Apartment Buyer’s Agreement has imposed several one sided clauses, especially clause 5.5 regarding the amount of compensation for delay which was quite the opposite of interest to be charged on the complainant in case of delay on their part which is against the principles of parity and is therefore, an unfair trade practice on the part of the opposite party.

4.     The complainant submits that they have visited the site and have found that the progress of the work is very slow. They have also seen that the land in question had a large drain (Nallah) and a high tension electricity line passing through the same. This fact had not been disclosed by the opposite party at any point of time while booking the above said apartment.

 5.    In view of the inordinate delay in the construction of the apartments of 27 months from the date of expiry of grace period, i.e., 16.05.2016, they are now before this Commission seeking refund of the amount deposited along with the following prayers:

6.     The opposite party in reply has submitted that Haryana RERA authority is already seized of the matter and delay in the project is on account of certain force majeur conditions and not deliberate. It is submitted by the opposite party that the licence and approval of the building plan and other approvals had been obtained in 2011 and the project was being executed by M/s Orris Infrastructure Private Limited. Environmental clearance was obtained on 04.09.2013 and Consent to Establish on 27.11.2013. It is further submitted that the project has been delayed on account of default in payment bybuyers and demonetization which has affected the cash flow of the opposite party.

7.     According to the opposite party, the completion of the construction is to be calculated from grant of environmental clearance on 04.09.2013 and Consent to Establish dated 27.11.2013 and not as claimed by the complainants. It is also alleged that the complainants have defaulted in making timely payment of the instalments to the opposite party and they are therefore, defaulters who cannot seek remedy for the delay. The opposite party has denied that the fact of a nallah and high tension line on the site was concealed since it is in the public domain. He also submits that an application to cover the nallah has already been made to the appropriate authorities, therefore, the opposite party is not liable for compensation. The opposite party s