1.      Heard Mr. Sushil Kaushik, Advocate, for the complainant and Mr. Shivkant Arora, Advocate, for the opposite party.

2.      Above complaint has been filed for directing the opposite party to refund the entire amount collected from the complainant towards the consideration of the house and other charges along with interest @18% per annum from the date of respective deposit till the date of payment, to pay Rs.500000/- as the compensation for mental agony and harassment and towards cost of litigation to the complainant and any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainant stated that Ansal Housing & Construction Ltd. was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. In the year 2011, the opposite party has launched a project in the name of “Ansal Heights-86”, at Sector 86, Gurgaon, Haryana. On coming to know about the aforesaid project, complainant booked a flat and deposited the booking amount on 24.03.2012. The opposite party allotted flat No. D-0703, admeasuring 1895 sq.ft., basic price Rs.6893579/- and executed Builder Buyer’s Agreement dated 16.10.2012, in his favour. As per Clause 31 of the agreement, the possession has to be delivered within 42 months from the date of execution of the agreement or from the date of obtaining all the required sanctions and approvals necessary for construction with grace period of six months. The payment plan as per agreement was “Construction Linked Payment Plan”. The complainant deposited total amount of Rs.7628773.51/- up to 06.04.2017. As the opposite party has taken instalments at different level of the construction, therefore, the opposite party had to deliver possession up to March, 2016 and after including grace period of six months upto September, 2016 but the construction was neither completed nor possession was offered. Then this complaint has been filed on 27.03.2018.

4.      The opposite party filed written reply on 20.07.2018, in which, the material facts have not been disputed. The opposite party stated that the construction was completed in the year 2017 and the opposite party has applied for issuance of occupation certificate, but the occupation certificate has not been issued and it has been unreasonably delayed by the statutory authority. Therefore, the opposite party is entitled to extension of period for which the occupation certificate has been delayed by the statutory authority.

5.      The complainant filed rejoinder reply and Affidavit of Evidence and Affidavit of Admission/Denial of documents, of Pramod Kumar, on 08.01.2020. The opposite party filed affidavit of evidence of Neha Agarwal and documentary evidence.

6.      I have considered the arguments of counsel for the parties and examined the record. It is not in dispute that the opposite party allotted the flat to the complainant in the year 2012 and the complainant deposited Rs.7628773.51/- for basic price Rs.6893579/. So far as the payment made by the complainant is concerned, it has been stated by the opposite party that some of the payment made in the heads transfer of service tax and other statutory charges and these payments have to be excluded towards the total payment made by the complainant. But these payments are attached to property, which will remain with the opposite party as such I do not find any reason to exclude these payments from the total payments made by the complainant. So far as the possession is concerned, it is admitted that till today, occupation certificate has not been issued. As such, the opposite party is not in a position to offer the possession under the law. In these circumstances, the complainant cannot be made to wait for unlimited period of time for possession. 

ORDER

In the result, the complaint is partly allowed with cost of Rs.50000/-. The opposite party is directed to refund the entire amount deposited by the complainant along with interest @9% per annum from the date of respective deposit till the date of payment, within a period of two months from the date of this judgment.