JUSTICE V.K. JAIN (ORAL) CC/1661/2016 The complainant Rupa Agrawal booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County – 2, which the OP was developing in Gurgaon. Vide allotment letter dated 19.8.2011, house No.B-0071 in the aforesaid project was allotted to her for a consideration of Rs.29613402/-. The parties then entered into a Buyers Agreement dated 14.9.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 14.9.2013. The grievance of the complainant is that the possession of the house has not been offered to her despite she having already paid a sum of Rs.18714767/- to the OP. The complainant is therefore before this Commission seeking possession of the aforesaid house along with compensation. CC1757/2016 2. The complainants booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County – 2,which the OP was developing in Gurgaon. Vide allotment letter dated 26.2.2011, house No.B-0087 in the aforesaid project was allotted to the complainant for a consideration of Rs.17956354/-. The parties then entered into a Buyers Agreement dated 19.4.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 19.4.2013. The grievance of the complainants is that the possession of the house has not been offered to them despite they having already paid a sum of Rs.17956354/- to the OP. The complainants are therefore before this Commission seeking possession of the aforesaid house along with compensation. CC/1770/2016 3. The complainants booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County – 2, which the OP was developing in Gurgaon. Vide allotment letter dated 8.2.2011, house No.B-0041 in the aforesaid project was allotted to the complainants for a consideration of Rs.25898854/-. The parties then entered into a Buyers Agreement dated 5.3.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 5.3.2013. The grievance of the complainants is that the possession of the house has not been offered to them despite they having already paid a sum of Rs.17982560/- to the OP. The complainants are therefore before this Commission seeking possession of the aforesaid house along with compensation. CC/1786/2016 4. The complainants booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County – 2, which the OP was developing in Gurgaon. Vide allotment letter dated 22.6.2011, house No.B-0062 in the aforesaid project was allotted to the complainant for a consideration of Rs.33275645/-. The parties then entered into a Buyers Agreement dated 20.7.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 20.7.2013. The grievance of the complainants is that the possession of the house has not been offered to them despite they having already paid a sum of Rs.21229076/- to the OP. The complainants are therefore before this Commission seeking possession of the aforesaid house along with compensation. CC/1794/2016 5. One Abhishek Bhalla and Sandeep Puri booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County – 2, which the OP was developing in Gurgaon. Vide allotment letter dated 23.2.2011, house No.B-0091 in the aforesaid project was allotted to them for a consideration of Rs.21320104/-. They entered into a Buyers Agreement dated 9.3.2011 with the OP. In terms of clause 4.a of the Buyers Agreement, the possession of the house was to be offered within two years thereof. The aforesaid house was purchased by the complainants from the original allottees on 19.3.2014. The aforesaid transfer was confirmed by the OP vide letter dated 14.7.2014 sent to the ICICI Bank Ltd. Since the possession of the house has not been offered to them despite they and their predecessor having paid Rs.15177604/- to the OP, they are before this Commission seeking possession of the said house with compensation. 6. The opposite party did not file its written version despite service of notice upon it and its right to file the written version therefore, was closed vide order dated 1.2.2017. 7. I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants. The affidavits and documents filed by the complainants clearly show that the possession of the house ought to have been offered within two years from date on which the Buyers Agreements were executed. The possession having not been offered till date, the OP is deficient in rendering service to the complainants. The complaints are therefore disposed of with the following directions:- (1) The OP shall complete construction of the house allotted to the complainants in all respects, obtain the requisite Occupancy Certificate at its own costs and responsibility and offer possession thereof to the concerned complainants on or before 31.12.2019. (2) In CC Nos. 1661 of 2016, 1757 of 2016, 1770 of 2016 & 1786 of 2016, considering the downward trend in the rates of interest, the OP shall pay compensation in the form of simple interest @ 8% per annum from the committed date of possession till the date on which the possession in terms of this order is actually offered. (3) In CC No.1794 of 2016, considering the downward trend in the rates of interest, the OP shall pay compensation in the form of simple interest @ 8% per annum from the date of purchase made by them i.e. w.e.f. 19.3.2016 till the date on which the possession in terms of this order is actually offered to them. They shall also be entitled to the contractual compensation in terms of clause 4.c(i) of the Buyers Agreement @ Rs.50/- per sq.yard per month of the area of the plot on which the Villa is to be constructed for the period from 9.3.2013 till 18.3.2016. (4) The additional amount if any payable by the complainants to the OP shall be adjusted out of the compensation payable to the complainants in terms of this order and the balance amount if any shall be paid to them on or before the date on which the possession in terms of this order is offered. (5) The OP shall pay a sum of Rs.25,000/- as cost of litigation in each complaint. (6) The OP shall not create any 3rd party interest in the houses allotted to the complainants till possession in terms of this order is actually delivered to them. | 
