1.      Heard Ms. Hemlata Rawat, Advocate, for the complainant.  Nobody appears for the opposite party and its right to file written reply has been closed by order dated 13.01.2020.

2.      Above complaint has been filed for directing the opposite party to refund the total amount of Rs.6183103/- along with interest @24% per annum from the date of respective deposit till the date of actual payment, Rs.10/- lacs as compensation for mental agony and harassment, Rs.1/- lac as cost of the litigation, Rs.778000/- as compensation for the rent amount incurred by the complainant during the period possession was delayed; and any other relief which is deemed fit and proper in the facts of the case. 

3.      The complainant stated that M/s. Dream Procon Private Limited (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of Group Housing Project. The opposite party launched a project in the name of ‘Victory Ace’ at Plot No.GH-02, Sector-143, Noida, District Gautam Budh Nagar in the year 2012. On coming to know about the aforesaid project, the complainant who was in need of a residence, booked a flat on 17.03.2013 and deposited the booking amount of Rs.630900/-. Thereafter, the opposite party allotted Flat no.A-1-1105, proposed area 1495 sq. ft., sale price of Rs.6480825/-, in the aforesaid building on 20.08.2013. Mode of payment was “construction linked payment plan” and as per demand of the opposite party deposited total amount of Rs.5853465/- upto October 2016, which are duly endorsed in the statement of account (Annexure C-16). Rs.329638/- has been shown as due, which was paid on 07.11.2016.  Out of total consideration of Rs.6480825/-, the complainant paid Rs.6183108/- upto 07.11.2016. The opposite party executed an agreement and a sub-lease deed on 18.06.2014 in favour of the complainant.  As per clause 16 of the allotment letter, possession has to be handed over within thirty months with a grace period of 3 to 6 months from the date of allotment. The due date of possession was June 2017 including the grace period but the construction was delayed. The complainant gave a notice dated 11.02.2019 and asked for refund her amounts due to unreasonable delay in handing over possession over the flat. The opposite party in spite of service of the notice, did not respond. Then this complaint was filed on 08.04.2019.

4.      In spite of service of notice, the opposite party did not file written reply. The complainant filed her Affidavit of Evidence on 24.11.2021 in which facts stated in the complaint have been proved.

5.      We have considered the arguments of the counsel for the complainant and examined the record. The complainant booked the flat in dispute on 17.03.2013. However, the opposite party took unreasonable delay and issued allotment letter on 20.08.2013. As per clause 16 of the allotment letter, the possession has to be handed over within thirty months with extended period of 3-6 months. That period also expired in June, 2017 although the complainant deposited Rs.6183108/- upto 07.11.2016. Till the date of filing of the complaint neither possession was offered nor any reply to the notice given by the complainant was given by the opposite party. Supreme Court in Pioneer Urban Land and Infrastructure Ltd. Vs. Govindan Raghavan, (2019) 5 SCC 725, held that an allottee cannot be made to wait for an indefinite period for possession. In these circumstances, the complainant is entitled to refund of the entire amount. Supreme Court in Expersion Developers Pvt. Ltd. Versus Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352, held that 9% interest on the deposit of an allottee would be compensatory and restitutory compensation. 

ORDER

In the result, the complaint is 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 actual payment, within a period of two months from the date of this judgment.