1.       Heard counsel for both the parties. By the order dated 23.08.2022, counsel for the complainant was permitted to examine the judgment of this Commission passed in CC/351/2015, Capital Greens Flat Buyers Association Vs. DLF Home Buyers Ltd., decided on 03.01.2020 as approved by Supreme Court in Civil Appeal No.3864-3889 of 2020 DLF Home Buyers Ltd. Vs. Capital Greens Flat Buyers Association, decided on 14.12.2020.

2.       Above complaint has been filed for directing the opposite party to give possession of the apartment forthwith, along with compensation in the shape of interest @ 18% per annum compounded quarterly on the amount deposited by the complainants after expiry of 36 months from the date of application and till the date of possession, pay compensation of Rs.5/- lacs for mental agony and harassment and Rs.55000/- as litigation cost and set aside the demand of increased saleable area to the tune of Rs.816000/- and any other relief which is deemed fit and proper in the facts of the case.

3.       The complainants stated that the opposite party was a company engaged in the business of development and construction of group housing project. The opposite party launched a project of group housing in the name of ‘DLF Capital Greens’ at Shivaji Marg, New Delhi. On coming to know about the said project, the complainants booked a flat on 30.09.2009 and Apartment Buyers Agreement was executed between the parties on 29.04.2011 in respect of flat no. CGV214 having super area of 1520 sq. ft. for Rs.1,25,35,000/-. Under clause 11(a) of the Agreement, the possession had to be handed over within 36 months from the date of the application.  It was also agreed between the parties that if the builder is not able to give possession within the aforesaid period, then the buyer would be entitled for compensation. The period of 36 months expired on 30.09.2012 but neither the building was completed nor possession was offered till that date. The opposite party issued a letter dated 21.03.2017 offering possession in which arbitrary demands were raised including demand of Rs.816000/- for increase in super area. The opposite party has not adjusted any amount towards delay in compensation along with letter of offer for possession. The opposite party is charging interest @ 18% per annum for the default in payment of the instalment. Therefore, the opposite party is also liable to pay the same interest in the matter. 

4.       The opposite party filed their written statement on 05.11.2019 and contested the matter. The complainants filed Affidavit of Evidence of Sh. Devender Rathee. Since the matter is covered with the above noted decisions, therefore, the builder did not file any Affidavit of Evidence. 

5.       We have considered the arguments of the counsel for the opposite party. Supreme Court, in the judgment in Civil Appeal No.3864-3889 of 2022 DLF Home Developers Ltd. Vs. Capital Greens Flat Buyers Association, decided on 14.12.2020, upheld the decision of this Commission in respect of the demand of the builder for increase in super area. However, the decision of this Commission in respect of delayed compensation has been modified. It has been finally decided that the builder is liable to pay compensation for the delay in possession in the shape of interest @ 6% per annum on the deposit of the buyers from due date of possession till the date of offer of possession. 

ORDER

          In view of the aforementioned discussions, this complaint is partly allowed. The builder is directed to issue fresh statement of account duly crediting the compensation for delay in possession in the shape of interest @ 6% per annum on the deposit of the complainants, from due date of possession till the offer of possession, within a period of eight weeks. The complainants will have one month’s time thereafter to deposit the amount, if any. On deposit of the amount as demanded in the statement of account, the builder shall hand over possession of the flat, complete in all respects as per specifications in the agreement and execute Conveyance Deed in favour of the complainants without any further delay.