JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL) The complainant initially booked a residential plot with the opposite party in a project namely ‘Uniworld City’, which the opposite party was to develop in Sector 107 of Mohali in Punjab. The parties also executed an agreement to sell on 27.1.2009. Later on, the allotment was changed to another plot in the same project and plot No.0035 in Block-A of the project was allotted to them for a consideration of Rs.89,71,794/-. The said plot was to be developed in Sector-97 of Mohali. The parties then executed a fresh buyers’ agreement dated 26.12.2011, incorporating their respective obligations in respect of the said allotment. In terms of the Clause 4(a)(i) of the said agreement, the possession was to be delivered within eighteen months of its execution, subject of course to the force majeure circumstances. The possession therefore ought to have been offered by 30.6.2013. The grievance of the complainant is that the possession has not been offered to her, despite she having already paid Rs.85,62,762/- to the OP. 2. The affidavit by way of evidence filed by the complainant is taken on record. The right of the opposite party to file its written version has already been closed vide order dated 30.8.2017. 3. I have heard the learned counsel for the parties. The affidavit and documents filed by the complainant prove the allotment made to her as well as the payment which she made to OP. The possession of the allotted plot having not been delivered to her, she is entitled to a direction for the possession of the said plot with compensation etc. 4. The learned counsel appearing on behalf of the opposite party states that they have already received the requisite occupancy certificate and are ready to deliver possession, subject to payment of the balance amount payable by the complainant. The learned counsel for the complainant states that the balance amount payable by the complainant as per the agreement between the parties can be adjusted by the OP out of the compensation, which the complainant is claiming in this consumer complaint. 5. For the reasons stated hereinabove, the complaint is disposed of with the following directions: (i) The opposite party shall deliver possession of the plot, subject matter of this complaint, complete in all respects to the complainant within three months from today. (ii) The OP shall also pay compensation in the form of simple interest @ 8% per annum on the entire amount of Rs.85,62,762/-, which the complainant had paid to the opposite party with effect from 01.7.2013 till the date on which the possession in terms of this order is delivered. The compensation will be paid / adjusted while offering possession. (iii) The balance amount payable by the complainant to the OP towards sale consideration of the said plot as per the agreement between the parties shall be adjusted out of the compensation payable to the complainant in terms of this order. (iv) The opposite party shall also pay a sum of Rs.25,000/- as the cost of litigation to the complainant. | 
