1.      Heard Mr. Madhurendra Kumar, Advocate, for the complainant and Mr. Karan Rajpurohit, Advocate, for the opposite party.

2.      Prem Wati has filed above complaint for directing the opposite party to (i) handover possession of Flat No.C-4/702 to her as early as possible and not later than one month from the date of filing of the complaint with interest @24% per annum compounded yearly on her deposit from the date of respective deposit till the date of possession; (ii) pay compensation in terms of the agreement; (iii) pay Rs.1000000/- as punitive damages; (iv) pay Rs.1000000/- as compensation for mental agony and harassment: (v) pay Rs.1000000/- as compensation for deficiency in service; (vi) pay the costs of litigation; and (vii) any other relief which is deemed fit and proper in the facts of the case. 

3.      The complainant stated that Parsvnath Hessa Developers Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of “Parsvnath Exotica” at village Wazirabad, Sector-53, Gurgaon, in the year 2010 and made wide publicity of its facilities and amenities. M/s. Blue Star Buildprop (P) Ltd. (predecessor-in-interest of the complainant) booked a 3BR flat and deposited booking amount on 21.05.2010. The opposite party allotted Flat No.C-4/702 admeasuring 2645 sq.ft. for basic sale price of Rs.17589250/-and executed Flat Buyer Agreement 10.06.2011. The complainant purchased above flat from M/s. Blue Star Buildprop (P) Ltd. paying Rs.14847922/-, through Agreement to Sell dated 08.09.2011 with the permission of the opposite party, which was duly endorsed by the opposite party on 20.09.2011. The opposite party issued demand letters dated 06.06.2012 for Rs.2210855/-, 05.07.2012 for Rs.1235631/- 14.08.2012 for Rs.410855/-, 07.09.2012 for Rs.410855/- which were deposited by the complainant on time. Clause-10(a) of the agreement provides that construction is likely to be completed within 36 months from commencement of the construction with grace period of six months. Said period has expired but the opposite party has neither completed the construction nor offered possession. Due to delay in handing over possession, the complainant is suffering financial loss. This complaint was filed on 25.04.2017.

4.      The opposite party filed its written reply on 10.10.2017, in which, material facts relating to the booking of the flat, allotment of the flat, execution of Flat Buyer Agreement in favour of M/s. Blue Star Buildprop (P) Ltd., transfer by it in favour of the complainant on 08.09.2011, endorsement on 20.09.2011 and payment made by M/s. Blue Star Buildprop (P) Ltd. & the complainant, have not been denied. The opposite party stated that the land owners had obtained Development License Nos 69 to 74 of 1996, Nos.52 to 57 of 1997, No.1079 of 2006 and No.191 of 2007, from Director, Town and Country Planning, Haryana. Through Development Agreements dated 24.11.2004, 04.04.2005, 04.09.2009, 21.09.2006 and 01.10.2009, the land owners have given development work to Parsvnath Developers Limited. Building Plan was sanctioned on 10.04.2009. Through agreement dated 09.10.2009, Parsvnath Developers Limited has given development work to the opposite party. The project consist 18 multi-storied residential towers and EWS towers. The opposite party has completed the construction of 11 towers and EWS towers in the year 2011 and possession was handed over to the allottees. The opposite party completed construction of Towers B-1, C-4, D-4, D-5 and D-6 and applied for issue of “occupation certificate”, which is awaited. The opposite party offered fit-out possession to the complainant vide letter dated 27.02.2017, but the complainant did not take possession after deposit of balance amount. M/s. Blue Star Buildprop (P) Ltd. and the complainant never adhered the payment plan and after issue of reminders, they used to deposit instalments with delay. The opposite party issued demand letters/reminders dated 29.06.2010, 14.08.2010, 27.08.2010, 08.09.2010, 24.09.2010, 20.11.2010, 15.11.2010, 29.11.2010, 18.12.2010, 05.01.2011, 29.01.2011, 07.04.2011, 03.05.2011, 11.07.2011, 05.08.2011, 21.10.2011, 08.12.2011, 18.01.2012, 13.02.2012, 01.03.2012, 12.03.2012, 22.03.2012, 12.04.2012, 03.05.2012, 06.06.2012, 05.07.2012, 14.08.2012 and 07.09.2012 to them. The complainant is a subsequent transferee and not an original allottee. There is no deficiency in service on their part.

5.      The complainant filed Replication, Affidavit of Evidence of Prem Wati and documentary evidence. The opposite party filed Affidavit of Evidence of Ajay Kashyap and documentary evidence. Both the parties have filed written submission.

6.      We have considered the arguments of the counsel for parties and examined the record. Clause-10(a) of the agreement dated 10.06.2011 provides that construction is likely to be completed within 36 months from commencement of the construction with grace period of six months. A perusal of statement of account shows that the opposite party realized instalment no.4 on 18.11.2010, which is the date of commencement of the construction. The complainant is a subsequent transferee and her transfer has been endorsed by the opposite party on 20.09.2011. Due date of possession for the complainant, i.e. 42 months period from the date of endorsement of her transfer, expired on 20.03.2015. So far as the arguments that M/s. Blue Star Buildprop (P) Ltd. and the complainant have never adhered the payment plan, is concerned, the opposite party has already charged penal interest for delayed period. The opposite party stated that the construction was completed in February, 2017 but the opposite party could not obtain “occupation certificate” due to some issues with statutory authority, which are not stated by the opposite party. In paragraph-21 of written arguments, the opposite party has stated that one of the allottee, namely Rohit Agarwal has filed Civil Contempt Petition No.642 of 2020, in which Supreme Court has directed to complete the construction till 08.12.2021. 

7.      The opposite party has taken defence of force majeure for delay in possession. Force Majeure has been statutorily recognised under Section 56 of the Contract Act, 1872. Supreme Court in Dhanrajmal Govindram Vs. Shyamji Kalidas, AIR 1961 SC 1285, held that an analysis of the rulings on the subject shows that where reference is made to “force majeure” the intension is to save the performing party from the consequences of anything over which he had no control. Demonetization of currency notes of rupees 500 and 1000 affected the construction work for a period of about six months. Covid-19 and consequent lockdown in country affected construction work for about one year. For force majeure reasons, the opposite party is entitled for extension of period for one year six months. The opposite party is under obligation to compete the construction as per specification, obtain “occupation certificate” and handover possession of the flat.

8.      From October, 2016, the opposite party is liable to pay delay compensation. Supreme Court in Wg.Cdr. Arifur Rahman Khan Vs. DLF Southern Homes Pvt. Ltd., (2020) 16 SCC 512 and DLF Home Developers Pvt. Ltd. Vs. Capital Greens Flat Buyers Association, (2021) 5 SCC 537, held that 6% interest on the deposit of home buyers for the delayed period is appropriate delayed compensation.

O R D E R

In view of aforesaid discussions, the complaint is partly allowed with cost of Rs.50000/-. The opposite party is directed to complete construction in all respect as per specification, obtain “occupation certificate” from statutory authority within a period of four months from the date of this judgment and handover possession of Flat No.C-4-702 to the complainant after taking balance amount from her without any further delay. Along with final statement of account, the opposite party shall give delay compensation to the complainant in the form of interest @6% per annum on her deposit from October, 2016 till the offer of possession and also adjust the cost awarded in this complaint.