JUSTICE V.K.JAIN, (ORAL)

          The complainants booked a residential flat with the OP in a project namely ‘Alder Grove, Nirvana Country 2’, which the OP was to develop in Gurgaon.  Vide allotment letter dated 18.03.2010, house no. AG-0227 (Duplex) was allotted to them for a consideration of Rs.20243717/-.  They executed an Agreement with the OP on 23.03.2010.  As per clause 4(a)(i) of the agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 23.03.2012.  The grievance of the complainants is that the possession has not been offered to them and the construction is not complete despite they having already paid a sum of Rs.12948337/- to the OP.  The complainants are therefore, before this Commission seeking possession of the aforesaid flat with compensation etc. 

2.      The OP filed its written version contesting the complaint but did not file any evidence.  Vide order dated 12.04.2019, the OP was directed to file its affidavits of admission/denial of documents and by way of evidence within four weeks subject to payment of Rs.20,000/- as cost to the complainants.  Neither the cost has been paid nor the affidavits have been filed. 

3.      I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants by way of evidence. The affidavits and the documents filed by the complainants prove the allotment made to them as well as the amount they claim to have paid to the OP.  The payment received from the OP has not been disputed in the written version filed by the OP.  Since possession of the allotted flat has not been offered to them, the complainants are entitled to a direction for delivery of its possession with compensation etc.

4.      The learned counsel for the complainants states that the matter is covered by a previous decision of this Commission dated 22.9.2016 in Ved Prakash Saini Vs. Unitech Ltd.  He further states that in order to avoid any further litigation in the matter, the complainants are restricting their claim for compensation to simple interest @ 8% per annum but requests that if a higher compensation is awarded by the Hon’ble Supreme Court along with a direction for possession, in respect of a villa in the above referred project of the opposite party, they should be entitled to such a higher compensation.

5.      In view of the decision of this Commission in Ved Prakash (supra), the complaint is hereby disposed of with the following directions:-

(i)      The opposite party shall complete construction of the villa allotted to the above referred complainants in all respects, on or before 31.12.2019;

(ii)      The opposite party shall obtain at its own cost and responsibility the requisite occupancy certificate in respect of the villa allotted to the complainants, on or before 28.02.2020.

(iii)     The opposite party after completing the construction in all respects and obtaining the requisite occupancy certificate in terms of directions (i) and (ii) above, shall offer possession of the villa allotted to the complainants to them on or before 31.03.2020.

(iv)    The opposite party shall pay compensation in the form of simple interest @ 8% per annum to the aforesaid complainants on the entire amount received in respect of the above referred villa, with effect from the committed date of possession i.e. two years from the date of execution of the Buyers Agreement, till the date on which the possession in terms of this order is actually offered to them after completing the construction in all respects and obtaining the requisite occupancy certificate.

(v)     The compensation in terms of this order shall be paid at the time of offering of possession of the villas or by 31.03.2020, whichever be earlier.

(vi)    The opposite party shall pay Rs.25,000/- as the cost of litigation to the complaints.

(vii)    If the Hon’ble Supreme Court awards a higher compensation along with the direction for possession in respect of the villas allotted in the project namely Alder Grove, Nirvana Country II in Sector 71 and 72 of Gurgaon, the complainants will be entitled to the said higher compensation, unless the Hon’ble Supreme Court directs that its order will not be treated as a precedent.