JUSTICE V.K. JAIN, (ORAL) The complainants booked a residential flat with the opposite party in a project, namely, Mapsko Mount Ville which the opposite party was to develop in Sector 78-79 of Gurgaon. Flat No.1204 on 12th Floor in B- Block was allotted to them at the price of Rs.10105424/-. As per clause 18A of the Buyers Agreement executed between the parties on 15.2.2013, the construction was to be completed within a period of 48 months from the execution of the agreement with or within an extended period of six months, subject to force majure conditions. The possession, therefore, ought to have been delivered to the complainants by 15.8.2017 inclusive of the grace period. The case of the complainants is that the possession was not offered to them despite they having paid Rs.8949394/- to the OP. The complainants are, therefore, before this Commission seeking refund of the entire amount paid by them to the OP along with interest and compensation. 2. Though the complaint has been resisted on several grounds, the learned counsel for the OP states on instructions from Mr. Ajay Kr. Gupta, Auth. Rep. of the OP that the OP shall deliver possession of the allotted flat, complete in all respects to the complainants on or before 31.12.2019 and shall also pay compensation in the form of simple interest @ 8% p.a. to the complainants w.e.f. 15.8.2017, on the entire amount which the complainants had paid to the OP by 15.8.2017, till the date on which the possession in terms of this order is actually offered to the complainants after obtaining the requisite Occupancy Certificate at its costs and responsibility. She further states that in case the OP is unable to obtain the requisite Occupancy Certificate and then offer possession of the allotted flat to the complainants complete in all respects on or before 31.12.2019, it shall refund the entire amount paid by the complainants to them, along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund. This of course would be subject to payment of the balance amount which shall be payable at the time the possession is offered to the complainants after completing the construction in all respects and obtaining the requisite Occupancy Certificate. 3. The learned counsel for the complainants states on instructions that the offer made by the opposite party is not acceptable to the complainants since the time for delivery of the possession has expired about one and a half years ago and that the complainants now want only refund of the amount paid by them to the OP along with interest. 4. The purpose of giving refund along with compensation in the form of interest is to enable the allottee to purchase another house, the booking having been made by him for the purpose of having a shelter over his head. Therefore, when an offer of this nature is made where the builder not only commits to deliver possession in a time bound manner after obtaining the requisite Occupancy Certificate at its own responsibility, also offers to pay a fair compensation for the period of delay and the said offer is also accompanied by a default offer to refund the entire amount received from the allottee with appropriate interest, the allottee in my view, should ordinarily accept the offer instead of insisting upon refund of the amount paid by him to the developer unless there is material change in the circumstances of the complainant, such as his requirement for a house having been satisfied in the meanwhile. No such change in his circumstances is even claimed by the complainants. In the absence of such change of the circumstances, if such an offer is refused, the inference would be that the booking was made by the allottee for a speculative purpose and not for a bonafide purpose of acquiring a house to live in that house. 5. For the reasons stated hereinabove, the complaint is disposed of with the following directions:- (i) The OP shall complete the construction of the flat allotted to the complainants in all respects, obtain the requisite Occupancy Certificate at its own cost and responsibility and offer possession of the flat to the complainants on or before 31.12.2019. (ii) The OP shall pay compensation in the form of simple interest @ 8% p.a. to the complainants w.e.f. 15.8.2017 till the date on which the possession in terms of this order is offered after obtaining the requisite Occupancy Certificate and completing the construction in all respects. The said interest by way of compensation shall be payable on the entire amount which the complainants had paid to the opposite party on or before 15.8.2017. (iii) The compensation payable to the complainants in terms of this order shall be adjusted out of the balance sale consideration and if anything still remains payable by the complainants to the OP, that shall be paid within four weeks of receiving the offer of possession. On the other hand, if any amount remains payable to the complainants as compensation after adjusting the balance amount due from them, the same shall be paid to them while making offer of possession in terms of this order. (iv) In case of default in compliance of directions (i) & (ii) above, the OP shall refund the entire principal amount of Rs.8949394/- to the complainants along with compensation in the form of simple interest @ 10% p.a. on that amount from the date of each payment till the date of refund. (v) The balance amount payable by the complainants in respect of the allotted flat shall be demanded at the time of offering possession in terms of this order. No interest would be payable by the complainants if the said amount is paid within four weeks of the demand. The possession of the flat complete in all respects shall be delivered within four weeks of the complainants making payment to the opposite party. A copy of the Occupancy Certificate shall be annexed to the letter whereby possession to the complainants in terms of this order is offered. (vi) The complainants shall also be entitled to inspection of the flat on receiving the offer of possession. (vii) The OP shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainants. | 
