Heard Mr. B.S. Sharma, Advocate for the Complainants and Mr. Sunil Mund, Advocate for the Opposite Party. 

2.      The above complaint has been filed for directing the Opposite Party to hand over possession of residential plot no. OCE/446 BN in Omaxe Chandigarh Extension, and delayed compensation in the shape of interest @ 15% per annum on the amount deposited by the Complainants.  The other consequences have also been sought for. 

3.      It has been stated in the Complaint that the Opposite Party launched a project of group housing in the shape of developed residential plots in the name of Omaxe New Chandigarh Extension in the year 2011. The Complainant booked a plot in the aforesaid scheme and deposited the booking amount on which the Petitioner was allotted plot no. OCE/446 BN in Omaxe Chandigarh Extension on 18.10.2011.  Clause 24a of the allotment letter provides for delivery of possession within a period of 18 months with an extended period of six months more from the date of allotment letter.  It has been stated that the Complainant has deposited the amount as per schedule of the allotment letter and till today, about 95% of the basic sale price has been deposited but the possession was unreasonably delayed.  The Opposite Party, vide letter dated 16.06.2017, offered possession over the plot of the Complainant.  However, on inspection of the spot, the Complainant found that the plot was not developed according to the commitment and therefore, it is not possible to take possession over it.  Claiming deficiency in service on the part of the Opposite Party, this Complaint was filed on 02.02.2018. 

4.      The Opposite Party contested the matter and filed written reply on 09.04.2018.  The material fact relating to the allotment of the plot and deposits made by the Complainant has not been disputed.  However, it has been stated that for the reasons beyond the control of the Opposite Party, the development of the plot has been delayed as development was to be done in huge area and permission from several departments were required to be taken.  Thereafter, in the year 2017, the plot was fully developed and partial completion certificate was obtained on 28.04.2017.  Thereafter, a letter for offer of possession has been issued to the Complainant on 16.06.2017.  Alongwith offer of letter of possession dated 16.06.2017, a statement of account has also been supplied in which additional demand has been made.  Instead of taking possession over the plot in dispute, after depositing the balance amount and getting the Sale Deed executed, this Complaint has been filed on false allegations that the plot was not developed on the spot.  So far as additional demands were concerned, it was in the nature of statutory charges and under the law, it is payable by the allottee. 

5.      I have considered the arguments of the Counsel for the parties.  After issue of partial completion certificate, it is difficult to say that the plot has not been developed inasmuch as completion reports from various authorities are required before issuing the completion certificate.  So far as the photographs are concerned, even the roads, lighting and sewer lines were very much on the spot.  Therefore, it is not sufficient to contradict the partial completion certificate.  Therefore, there is no reason for the Complainant for not taking possession on issue of letter for possession dated 16.06.2017. 

6.      So far as possession letter is concerned, according to the Counsel for the Complainant, extra demands in external development charges, interest free maintenance security, preferential location charges power backup equipment cost has been made.  There is nothing on record to show that these were included in the basic price of the plot.  Under the statutory provision, these costs have to be paid by the allottee.  Therefore, on that basis, offer of possession cannot be said to illegal. 

7.      However, in the possession letter dated 16.06.2017, there is no amount of delayed compensation, which is otherwise payable to the Complainant, as held by Supreme Court in Wg. Cdr. Arifur Rahman Khan & Ors. vs Dlf Southern Homes Pvt. Ltd., (2020) 16 SCC 769, the allottees are entitled for delayed compensation in the shape of interest @ 6% per annum from the due date of possession till the offer of the possession. 

ORDER

In these circumstances, the Complaint is partially allowed.  The Opposite Party is directed to issue fresh statement of account providing delayed compensation in the shape of interest @ 6% per annum on the deposit of the complainant from due date of possession which would be 18 months + 6 months from the date of allotment and till the date of possession dated 16.06.2017.  On issue of statement of account, the Complainant shall deposit the amount within two months and on completion of formalities, take possession over it immediately thereafter.