Complainants had jointly booked a residential apartment in the development project ‘Fresco’ undertaken by the opposite party. They were allotted apartment no. 1401 on 13th Floor, Block 14 in the complex ‘Fresco’ located in Sector 50, Gurgaon, Haryana. As per the builder agreement dated 16.08.2007 between the parties, the opposite party builder was to deliver possession of the subject apartment to the complainants within 36 months. The consideration amount agreed between the parties was Rs.88,98,437/-. According to the complainants, against the agreed cost, they have paid sum of Rs.91,30,391/- as per the demands raised by the opposite party. Despite that opposite party did not adhere to the timeline and failed to deliver possession after expiry of 36 months period. The complainants thus filed the instant consumer complaint seeking following reliefs: “a. Grant compensation amounting to a sum of Rs.2,55,68,130.83/- at the rate of 18% p.a. interest compounded quarterly for 6 years on the investment made by the complainant i.e. Rs.91,30,391/- with effect from 16.08.2010 to 16.08.2016 and further compensation at the same interest starting from 17.08.2016 till delivery of actual physical possession of flat in question; b. Grant the delivery of actual physical possession of Apartment / Unit No. 1401 on the 13th Floor, Block 14 having a super area of approx.. 1877 sq. ft. in the Complex ‘Fresco’, Sector 50, Gurgaon, Haryana; c. Grant compensation amounting to a sum of Rs.10,00,000/- to the complainants towards the mental agony and harassment caused by the opposite party on account of delay in delivery of flat in question; and d. Grant a sum of Rs.1,00,000/- as costs for this Complaint to the complainants; and / or e. Grant any other and further relief (s) as may be deemed just and necessary in the facts and circumstances of the present case.” 2. Notice of the complaint under section 13 (2) of the Consumer Protection Act, 1986. The opposite party despite of service of notice failed to file written statement within the stipulated period of 45 days including the extendable period. Thus, vide order dated 07.03.2017, right of the opposite party in view of the judgment of Hon’ble Supreme Court in Civil Appeal Nos. 10941-10942 of 2013 New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. decided on 04.12.2015 was closed. 3. The complainants have filed the affidavit of their Attorney-cum-Authorized Representative Sh. Gulshan Rai Sharma. 4. It is pertinent to note that during the pendency of the complaint, the opposite party has delivered possession of the subject apartment to the complainants and have executed a registered sale deed in their favour. Thus, the only dispute which requires to be settled is about the compensation payable to the complainants for delay in delivery of possession.. 5. Counsel for the complainants states that this matter is covered by the earlier decision of this Commission in CC No. 244 of 2015 Brijesh Kumar Sengar & Anr. Vs. M/s Unitech and Anr. Decided on 04.01.2017 CC No. 476 of 2014 Satish Dhingra & Anr. Vs. M/s Unitech Ltd. & Anr. and connected matters decided on 14.02.2017 and CC No. 2074 of 2016 Rahul Gautam Vs. M/s Unitech Limited decided on 26.10.2017. . Counsel has contended that only difference of facts in the instant case and those matters is that in this case the possession has been delivered during the pendency of the case. Therefore, the aforesaid judgments are squarely applicable to the facts of the case. 6. Counsel for the complainants has further submitted that in order to avoid litigation in the matter, the complainants are restricting their claim to compensation to simple interest @ 8% p.a. from the committed date of possession. He has also submitted that opposite party should also be directed to obtain completion certificate in respect of subject apartment / project. 7. The issue involved in this case is exactly similar to issues involved in the above noted matters decided by the Coordinate Bench of this Commission. I find no reason to differ with the opinion of Coordinate Bench. Thus, in view of the earlier decision of this Commission in Brajesh Kumar Sengar (supra), Satish Dhingra & Anr. (supra) and Rahul Gautam (supra), the complaint is allowed with following directions: a. The opposite party shall pay to the complainants 8% simple interest per annum on the amounts paid by the complainants against the consideration amount from the committed date of possession i.e. 16.08.2010 till the date of delivery of possession to the complainants. b. The opposite party shall also ensure and obtain the completion certificate in respect of subject apartment latest by 30.06.2018 and deliver copy of the same to the complainants. c. The opposite party shall pay to the complainants sum of Rs.10,000/- as litigation cost. | 
