JUSTICE DEEPA SHARMA, PRESIDING MEMBER 1. This order shall dispose of three consumer complaints since all these complaints relate to the same project known as the “The ESFERA” located at Sector 37-C, Gurgaon-92, Haryana ( hereinafter referred to as the ‘Project’) and only the dates of booking and property numbers differ in each complaint and the matter in issue in all these complaints is same. Consumer Complaint No. 2287 of 2019 2. The brief facts of the case are that complainants vide application dated 12.10.2011, had applied for booking of flat in the project ESFERA of the opposite party. Allotment letter dated 10.03.2012 was issued to them and subsequently Builder Buyer Agreement was executed on 15.03.2013 and they were allotted apartment no. 602 in Tower ‘É’ on 6th floor. As per Builder Buyer Agreement, possession was to be handed over within 42 months. The total consideration price of the flat was 64,32,965/- and they had paid sum of Rs.50,91,831/-. Their contention is that despite expiry of the period of 42 months, no possession had been offered to them till the filing of the complaint in the year 2019 and construction is also not complete. They had prayed for refund of deposited money alongwith interest @ 18% per annum, compensation for a sum of Rs.5,00,000/- and Rs.1,00,000/- as cost of litigation. Consumer Complaint No. 2288 of 2019 3. The brief facts of the case are that complainant vide application dated 07.02.2012 had applied for booking of flat in the said project and vide allotment letter dated 17.03.2012, flat no. 1101 in Tower É’ on 11th Floor was allotted to her and the Builder Buyer Agreement was executed on 19.09.2012. The total consideration price of the flat was Rs.74,20,250/-. According to the Builder Buyer Agreement, the possession was to be handed over after 42 months of the execution of Builder Buyer Agreement. The contention of the complainant is that she had paid a sum of Rs.67,30,539/- on several dates and the opposite party failed to give possession of the subject flat and had not made offer of possession till the filing of the complaint and had also not obtained occupation certificate even after expiry of so many years. On these contentions, she had prayed for refund of money alongwith interest @ 18% per annum, compensation for a sum of Rs.5,00,000/- and Rs.1,00,000/- as cost of litigation. Consumer Complaint No. 2289 of 2019 4. The complainants have submitted that they had booked flat vide application dated 04.10.2011 and vide allotment letter dated 23.08.2013, flat no. 1304 in Tower ‘C’ on 13th floor was allotted to them. The total consideration price of the flat was Rs.62,98,075/-, out of which they had paid sum of Rs.61,75,540/-. It is submitted that Builder Buyer Agreement had been executed on 12.08.2013 and possession was to be handed over within 42 months. However, no offer of possession had been till the filing of the complaint in the year 2019 and that the construction is not complete. They had prayed for refund of deposited money alongwith interest @ 18% per annum, compensation for a sum of Rs.5,00,000/- and Rs.1,00,000/- as cost of litigation. 5. In all the three complaints, the defence taken by the opposite party is common. It is submitted that complainants are defaulters as certain amounts are still outstanding against them. It is also submitted that construction is complete and occupancy certificate dated 07.02.2018 has been obtained and it is submitted that delay had occurred due to delay in getting the statutory clearances and other Force Majeure situations. Dismissal of the complaint is prayed. 6. The parties in all the three complaints led their evidences. I have heard the arguments in all the three matters and have perused the record. 7. Written arguments have been filed by the complainants. No written arguments have been filed on behalf of the opposite party despite the directions. 8. It is submitted on behalf of the complainants that this is a covered case, covered under the order of this Commission dated 12.09.2018, vide which the ten complaints being Consumer Case No. 3011 of 2017 and connected complaints, relating to the same project had been disposed of by this Commission. It is further submitted that appeal filed against the said order before the Hon’ble Supreme Court was also dismissed and, therefore, the said order has attained finality and it is prayed that similar order shall be passed in these complaints. 9. From the evidence on record, it emerges that till the filing of the complaint in the year 2019, no offer of possession had been made by the opposite party. As per the agreement, the possession was to be handed over within 42 months from the date of execution of the Builder Buyer Agreement and complaints have been filed after three years from the due date of the scheduled date of possession. Also, it is apparent that it is squarely covered by the order of this Commission dated 12.09.2018 in Consumer Case No. 3011 of 2017 titled Anil Patni & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case No. 3012 of 2017 titled Tulika Batra & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case No. 3013 of 2017 titled Vishal & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case No. 3014 of 2017 titled Manishwar Jha Vs. M/s Imperia Structures Ltd., Consumer Case No. 3015 of 2017 titled Rajat Verma Vs. M/s Imperia Structures Ltd., Consumer Case no. 3016 of 2017 titled Nikhil Mehta & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case No. 3017 of 2017 titled Bhupinder Singh Sohal & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case no. 3018 of 2017 titled Krishan Kumar & Anr. Vs. M/s Imperia Structures Ltd., Consumer Case No. 3019 of 2017 titled Chander Shekhar Vs. Imperia Structures Ltd. and Consumer Case No. 3020 of 2017 titled Ram Kumar Srivastava Vs. M/s Imperia Structures Ltd., relating to the same project, wherein the complaints had been allowed and the opposite party had been directed to refund the money alongwith interest. The said judgment has attained finality as Civil Appeal No. 3581-3590 of 2020 ( @ Civil Appeal Diary No. 9796/2019) against the said order was dismissed by the Hon’ble Supreme Court vide its order dated 02.11.2020. 10. Since, it is a covered case which has been upheld by the Hon’ble Supreme Court, similar directions are hereby issued. Consumer Complaint No. 2287 of 2019 The opposite party is directed to refund amount of Rs.50,91,831/- alongwith interest @ 9% p.a. from the respective dates of deposit till the date of payment together with cost of Rs.50,000/- to each of the complainants. The directions be complied within four weeks from the date of receipt of copy of this order failing which the amount shall attract interest @ 12% p.a. for the said period. Consumer Complaint No. 2288 of 2019 The opposite party is directed to refund amount of Rs.67,30,539/- alongwith interest @ 9% p.a. from the respective dates of deposit till the date of payment together with cost of Rs.50,000/- to the complainant The directions be complied within four weeks from the date of receipt of copy of this order failing which the amount shall attract interest @ 12% p.a. for the said period. Consumer Complaint No. 2289 of 2019 The opposite party is directed to refund amount of Rs.61,75,540/- alongwith interest @ 9% p.a. from the respective dates of deposit till the date of payment together with cost of Rs.50,000/- to each of the complainants. The directions be complied within four weeks from the date of receipt of copy of this order failing which the amount shall attract interest @ 12% p.a for the said period. Copy of this order shall be placed in each file. | 
