The admitted facts of the case are that the Complainants had booked a unit No.1103 Floor 11 Tower C having size 1765 sq. ft. vide application dated 25.02.2012 in the project “Rise” R. P. City, Sector-37 D, Gurgaon, Haryana. The Builder Buyer Agreement was executed on 08.11.2012 and as per the terms and conditions of the said agreement, the date of possession was in September 2015. The cost of the flat was Rs.82,42,680/- and the Complainant had paid a sum of Rs.61,64,754/-. 2. The Case of the Complainants is that the Opposite Parties have failed to complete the project and hand over the possession of the subject flat till the date of filing of the Complaint in the year 2017. 3. In the Written Statement, the Opposite Parties took several objections and gave several reasons for the delay towards the completion the said project. It is urged that the delay had occurred due to the reasons beyond their control. It was further contended that the time was not essence of the completion of the project and the handing over of the possession. 4. Parties led their evidences. I have heard the arguments of the parties and perused the relevant record. 5. Learned Counsel for the Complainants submits that it is a covered case under the order of this Commission in several Complaints No.3131 of 2017, 3132 of 2017, 3264 of 2017, 3265 of 2017, 1122 of 2018, 1199 of 2018, 1449-1451 of 2018, 1461-1464 of 2018, 1480 and 1481 of 2018 decided on 1st November 2019 and prays that the similar order in this case be passed. Learned Counsel for the Opposite Parties does not deny the fact that relating to the said project several orders in several Complaints have been passed. 7. I am satisfied on the perusal of the orders in Complaints No.3131 of 2017, 3132 of 2017, 3264 of 2017, 3265 of 2017, 1122 of 2018, 1199 of 2018, 1449-1451 of 2018, 1461-1464 of 2018, 1480 and 1481 of 2018 decided on 1st November 2019 that it is a covered case. While allowing the Complaint, I issue the following directions: 8. The Opposite Parties are directed to refund the amount of Rs.61,64,754/- along with simple interest @ 10.7% from the respective dates of deposit till the date of payment with litigation cost of Rs.25,000/-. The order shall be complied with within four weeks from the date of receipt of a copy of this order, failing which the Opposite Parties shall be liable to pay interest @ 12% p.a. for the same period. 9. With these directions, the present Complaint stands disposed of. |
