EXPERION DEVELOPERS PVT. LTD. Vs. SUSHMA ASHOK SHIROOR

JUDGEMENT

(1.) These appeals under Sec. 23 of the Consumer Protection Act, 1986(hereinafter referred to as the "Act".), arise out of the judgment dtd. 19/6/2019 passed by the National Consumer Disputes Redressal Commission(hereinafter referred to as "Commission".) The Commission directed the Appellant-Developer to refund an amount of Rs.2,06,41,379.00 with interest @ 9% p.a. to the Respondent-Consumer(hereinafter referred to as the "Consumer".) for its failure to deliver possession of the apartment within the time stipulated as per the Apartment Buyers Agreement. In these appeals, we have upheld the Commission 's order insofar as it directed the Developer to refund the amounts paid by the Consumer with interest for the unjustifiable delay in delivering the apartment. On law, we have considered the interplay between the judicial remedies under the Act and the Real Estate (Regulation and Development) Act, 2016 and have explained the remedial choices of a consumer under these statutes. We have held that the Commission created under the Act has the power to direct refund under Sec. 14 of the Act. We conclude that the Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose.

(2.) The brief facts of the case are that the Developer, M/s Experion Developers Private Ltd., is the promoter of apartment units, Windchants, in Sector 112, Gurgaon, Haryana. The Consumer booked an apartment measuring 3525 sq. ft. for a total consideration of Rs.2,36,15,726.00 in the Windchants and agreed for construction linked payment plan, which led to the execution of the Apartment Buyer 's Agreement dtd. 26/12/2012. As per Clause 10.1 of the Agreement, possession was to be given within 42 months from the date of approval of the building plan or the date of receipt of the approval of the Ministry of Environment and Forests, Government of India for the Project or date of the execution of the agreement whichever is later. Clause 13 of the Agreement provided for Delay Compensation. Under this clause, if the Developer did not offer possession within the period stipulated in the Agreement, it shall pay liquidated damages of Rs.7.50 per square foot per month till possession is offered to the Consumer.

(3.) The Consumer approached the National Disputes Redressal Commission by filing an original complaint being, Consumer Case No. 2648/2017, alleging that he has paid a total consideration of Rs.2,06,41,379.00 and possession was not granted even till the filing of the complaint. He, therefore, sought a refund of Rs.2,06,41,379.00 along with interest @ 24% p.a.