V. K. Jain, Presiding Member - (1.) The complainant booked a residential apartment with the OP namely M3M India Limited in a project namely 'M3M Golf Estate', which the said OP was to construct in Sector-65 of Gurgaon. Unit No. MGE TW-14/01 a, in the aforesaid project was allotted to the complainant vide provisional allotment letter dated 26.06.2010, on a basic price of Rs.5,600/-. The unit super area was to be about 3660 sq. ft. The balance charges including EDC, IDC, IBMS, PLC, car parking charges etc. were to be informed to the complainant in due course. The parties then executed an Apartment Buyers Agreement dated 15.01.2011, incorporating the terms and conditions agreed between them. As per clause 14.1 of the agreement, the company proposed to hand over possession of the apartment within 36 months from the date of commencement of construction, which was to mean the date of laying of the first cement/concrete/mud slab of the tower, which was to be duly communicated to the allottee. It is stated in the written version that the mud slab of the tower in case was laid on 23.03.2012. The possession therefore, ought to have been delivered to the complainant by 23.03.2015. Under clause 14.1 of the agreement, the OP was also entitled to an extension of six months. Taking the extension into consideration the possession ought to have been delivered by 23.09.2015. The possession of the apartment having not being offered even within the aforesaid extended period despite the complainant already having paid Rs.2,74,79,831.48p, the complainant is before this Commission with the following prayers: 1. That this Hon'ble Commission be pleased to direct to pay to the complainant a sum of Rs.2,74,79,831.48/- (Rupees Two Crores Seventy Four Lacs Seventy Nine Thousand Eight Hundred Thirty One and Forty Eight Paise Only) towards the advance payments made by her; 2. That this Hon'ble Commission be pleased to direct to pay to the complainant a sum of Rs.2,42,99,592/- (Rupees Two Crore Forty Two Lacs Ninety Nine Thousand Five Hundred and Ninety Two Only) towards interest @ 24% per annum from the date of deposits till payment; 3. That this Hon'ble Commission be pleased to award a compensation for a sum of Rs.2,00,00,000/- (Rupees Two Crores Only) for causing mental torture and harassment to the Complainant; 4. In the alternatively direct the Opp. Parties to hand over the possession of the residential apartment alongwith the complete infrastructure like roads, golf course, electricity and all other basic amenities and occupation certificate etc. to the Complainant within a period of one month. 5. The Opp. Parties be also directed to pay a sum of Rs.1,71,17,490/- towards interest as compensation @ 24% towards delay in handing over the delayed possession to the Complainant on the total amount paid before the date of possession and also the interest on amount after the due date of possession and also the interest on amount after the due date of possession calculated till 30th October 2016 i.e. Rs.12831137/- till May 25th 2013 (Due date of possession) and also refund Rs.23,93,371.48 taken as excess money (i.e. 2,74,79,831.48 2,50,86,460 = 23,93,371.48 + 1,71,17,490 = 1,95,10,861.48).Thus a total of Rs.1,95,10,861.48 is refundable/payable by the Opp. Parties.
(2.) The complaint has been resisted by the OP namely M3M India Ltd. which has admitted the allotment made to the complainant as well as the payment received from her. The Buyers Agreement executed between the parties has also been admitted. This is also the case of the OP that an amount of Rs.20,06,067.43p is still outstanding against the complainant.
(3.) It transpired during the course of hearing that the Occupancy Certificate in respect of the apartment allotted to the complainant was received by the OP on 12.04.2017. The learned counsel for the OP states that after receipt of the Occupancy Certificate, the possession was also offered to the complainant on 16.06.2017 and that the flat in question is still available for giving its possession to her. The contention of the learned counsel for the OP is that the complainant should take possession of the flat allotted to her and she is not entitled to refund of the amount paid by her. The complainant who is present in the Court alongwith her husband Som Bakshi states that she is not interested in taking possession of the flat and wants refund of the amount paid by her alongwith compensation as claimed by her.;