1.      Heard Ms. Ruchira Gupta, Advocate, for the complainant and Mr. Prabhakar Tiwari, Advocate, for the opposite parties.

2.      Above complaint has been filed, for directing the opposite parties to (i) handover possession of Flat No.B-6-902, in the building “Parsvnath Exotica”, complete in all respect as per specifications, forthwith, (ii) pay delayed compensation in the form of interest @18% per annum, on the deposit of the complainant and her transferor, from the date of deposit till the date of delivery of possession, (iii) pay Rs.20/- lacs, as compensation for mental agony and harassment, (iv) pay the costs of litigation; and (v) any other relief which is deemed fit in the facts and circumstances of the case.

3.      The complainant stated that M/s. Parsvnath Developers Limited and Parsvnath Hessa Developers Private Limited (the opposite parties) were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. Opposite party-2 was a joint venture company of opposite party-1. Opposite party-1 launched a group housing project in the name of “Parsvnath Exotica”, at village Wazirabad, Sector-53, Gurgaon, in the year 2006 and made wide publicity. M/s. Jamboree Educations Pvt. Ltd. (predecessor-in-interest of the complainant) booked a 4BR flat on 02.11.2006 and deposited Rs.3051000/-. Opposite party-1 allotted Flat No.B-6-902, in “Parsvnath Exotica” to it. M/s. Jamboree Educations Pvt. Ltd. again deposited Rs.2332300/- on 18.12.2006. Opposite party-1 executed Flat Buyer Agreement dated 19.12.2006 in favour of M/s. Jamboree Educations Pvt. Ltd. of Flat No.B-6-902, admeasuring 3390 sq.ft. at the rate of Rs.5880/- per sq.ft., basic price of Rs.19933200/-+ Rs.400000/- for two covered Car Parking spaces, in “Parsvnath Exotica”. M/s. Jamboree Educations Pvt. Ltd. opted for “Construction Linked Payment Plan”. Opposite party-1, vide letter dated 15.06.2010, informed that construction work of Tower-6 was started and demanded instalment of “On start of foundation”. M/s. Jamboree Educations Pvt. Ltd. deposited Rs.1993320/- on 01.07.2010, Rs.2044647.99 on 04.05.2011, Rs.2044647.99 on 16.07.2011, Rs.1635718.39 on 21.11.2011, Rs.1635718.39 on 20.03.2012 and Rs.1643930.87 on 21.05.2012, as per demand of opposite parties-1 and 2. The project “Parsvnath Exotica” was transferred to Parsvnath Hessa Developers Private Limited (opposite party-2), who started to realize instalment from April, 2011. M/s. Jamboree Educations Pvt. Ltd. transferred the above flat to the complainant with the permission of opposite party-2, on 21.07.2012. Opposite party-2 charged Rs.698950.20 as administrative charges and made endorsement in her favour on 13.03.2013. The complainant deposited Rs.1637248/- on 05.10.2013 and Rs.1637248/- on 18.12.2013, as per demand. Opposite party-2, vide letter dated 30.10.2015, demanded the entire balance amount at a time from the complainant. The complainant deposited Rs.16537.86 on 24.02.2017. By this time total Rs.20395082/- was deposited by M/s. Jamboree Educations Pvt. Ltd. and the complainant.  As per clause-10(a) of the agreement, the construction of the flat had to be completed within 36 months from commencement of construction with grace period of six months. The period of 42 months expired in December, 2013. When the possession was unreasonably delayed, the complainant gave a legal notice dated 16.10.2017 to the opposite parties for handing over possession forth with. The opposite parties did not respond. Then the complaint was filed on 10.11.2017.

4.      The opposite parties (the builders) filed its written reply on 24.01.2018 and contested the case. The material facts relating to the project, allotment of the flat to M/s. Jamboree Educations Pvt. Ltd. and transfer to the complainant and deposits made by them, have not been disputed. The builders stated that M/s. Jamboree Educations Pvt. Ltd. has taken loan from HDFC Bank and for that purpose a tripartite agreement dated 19.12.2006 was executed and the flat was mortgaged to it as such HDFC Bank is necessary party in this complaint. The owners of the land obtained licences from Director, Town & Country Planning Haryana, for development of group housing project. Through various development agreements with the owners of the land, M/s. Parsvnath Developers Limited acquired development right. M/s. Parsvnath Developers Limited through agreement dated 09.12.2009 transferred development right to Parsvnath Hessa Developers Private Limited over part of the land. The builders submitted Layout Plan of the project for approval. The builders then started construction. Out of 18 multi-storied residential towers (excluding EWS towers), 11 towers have been completed and physical possession has been handed over to more than 450 flats. Remaining 5 towers (B-1, C-4, D-4, D-5 and D-6) were completed and the builders have applied for issue of “Occupation Certificate” and offered fit-out possession to the allottees. The constructions of remaining towers are in progress. Due to force majeure reasons the construction could not be completed. Under the agreement, the allottees are entitled for delayed compensation. The complaint has been filed malafide.                 

5.      The complainant filed Affidavit of Evidence and Affidavit of Admission/Denial of documents of Ms. Akrita Kalra and documentary evidence. The opposite party filed Affidavit of Evidence and Affidavit of Admission/Denial of documents of Madan Dogra and documentary evidence. Both the parties filed their short synopsis.

6.      I have considered the arguments of the parties and examined the record. The opposite parties allotted Flat No.B-6-902, in “Parsvnath Exotica” to M/s. Jamboree Educations Pvt. Ltd. on 02.11.2006 and executed Flat Buyer Agreement dated 19.12.2006 in its favour of Flat No.B-6-902, admeasuring 3390 sq.ft. at the rate of Rs.5880/- per sq.ft., basic price of Rs.19933200/-+ Rs.400000/- for two covered Car Parking spaces, in “Parsvnath Exotica”. M/s. Jamboree Educations Pvt. Ltd. transferred the above flat to the complainant with the permission of opposite party-2, on 21.07.2012. As per clause-10(a) of this agreement, the construction of the flat has to be completed within 36 months of commencement of construction with grace period of six months, which period expired till December, 2013. But the payment plan was “Construction Linked Payment Plan” and last instalment of Rs.1637248/- on 18.12.2013 as such grace period of six months is liable to be counted from December, 2013 and due date of possession would be June, 2014. The opposite parties realized more than Rs.2/- crores till December, 2013, from the complainant and her predecessor-in-interest but neither construction was completed nor possession was offered on due date. As such there was deficiency in service on the part of the opposite parties. In the written submission, the opposite parties have stated that Supreme Court in Civil Contempt Petition No.642 of 2020, extended the period for completion of the construction and obtaining “Occupation Certificate” by the opposite parties up to 04.01.2021 but due to lockdown in the country, the construction could not be completed till then. Then the Supreme Court again extended the aforesaid period up to July, 2022, which period has also expired. 

7.      Supreme Court in Wg. Cdr Arifur Rahman Khan Vs. DLF Southern Homes Pvt. Ltd., (2020) 16 SCC 512 and Civil Appeal No.1232 of 2019 R.V. Prasannakumar Vs. Mantri Castles Pvt. Ltd. (decided on 11.02.2019), held that delayed compensation is payable in the shape of interest @6% per annum on the deposit of home buyers from due date of possession till the offer of possession.

ORDER

In view of the aforesaid discussions, the complaint is partly allowed. The opposite parties are directed to handover possession of Flat No.B-6-902, in the building “Parsvnath Exotica”, complete in all respect, as per specifications in the agreement, to the complainant within a period of two months from the date of this judgment and pay delayed compensation in the form of interest @6% per annum, on the deposit of the complainant including the deposit of her transferor namely M/s. Jamboree Educations Pvt. Ltd., from July, 2014 till the date of offer of possession, within same period.