D.Y.CHANDRACHUD,J. - (1.) Admit.
(2.) This appeal arises from a judgment of the National Consumer Disputes Redressal Commission 1 dated 20 September 2019. 1 'NCDRC'.
(3.) In 2012, the appellant floated a group housing project at Sector 89, Gurgaon. An advertisement was issued, inviting prospective flat buyers. The respondent submitted an application on 14 March 2012 for the allotment of a dwelling unit in the project described as 'NBCC Heights'. The terms and conditions for allotment were set out in a standard form. Instalments towards the purchase price were payable under a time-linked plan. An allotment letter was issued to the respondent on 30 June 2012 for dwelling unit F-402 in the project. The terms of allotment envisaged that the appellant would 'endeavour' to hand over possession within two and a half years from the date of allotment. Clause 20 provides as follows: '20. Subject to the terms of this Application and the Agreement including but not limited to timely payment of the Total Price, stamp duty and other charges due and payable according to the payment plan applicable to the Applicant or as per demand raised by NBCC and the Applicant complying with all the terms and conditions of the Application, NBCC shall endeavor to complete the construction of the Dwelling Unit within 2 ½ (two years and six months) from the date of allotment letter. NBCC on obtaining certificate of occupation and/or use from the competent authorizes shall offer the Dwelling Unit to the Applicant for his/her occupation and use and subject to the applicant having complied with all the terms and conditions of the agreements. In the event of the Applicant failure to clear all the outstanding dues including interest, if any and/or takeover/occupy the Dwelling Unit within 30 days from the date of intimation in writing by NBCC, then the same shall lie at the Applicant's risk and cost and the Applicant shall be liable to pay a compensation to NBCC (for maintaining the complex) @ Rs. 2/-per sq. ft. of the super area per month for the entire period of such delay. This compensation shall be in addition to the other dues/claims of interest etc. as per terms of sale/allotment. The applicant agrees that if however the completion of the said Complex is delayed due to force majeure (such as acts of god or the public enemy, expropriation, compliance with any order or request of government authorizes, act of war, rebellions, sabotage, fire, floods illegal strikes, or riots etc.) then NBCC shall be entitled to extension of time for delivery of possession of the Dwelling Unit. NBCC agrees to pay to the allottee and subject to the applicant not being in default under any terms of this Application/ agreement Compensation @ Rs. 2/- per sq ft of the use super area of the Dwelling Unit per month for the period of such delay beyond One year (plus valid extend period due to force majeure reasons) from the stipulated date of completion of the complex. Thus the compensation, if any shall be payable only after four years plus valid extension due to force majeure reasons from date of alIotment. The adjustment of such compensation shall be done only at the time of execution of conveyance deed of the Dwelling Unit.' (emphasis supplied) ;