VIRENDER KUMAR KATARIA Vs. BPTP LTD.

JUDGEMENT

(1.) The present Review Application Nos. 18 to 32 of 2023 have been filed by the Opposite Party Developer i.e., BPTP Ltd., (hereinafter referred to as 'the Developer') praying for review of the Common Order dtd. 4/1/2023 passed by this Commission wherein Consumer Complaint Nos. 3023/17, 339/18, 340/18, 1130/18, 1204/18, 1211/18, 1516/18, 697/19, 1492/19, 1598/19, 1671/19, 1885/19, 2018/19, 1225/18, 255/19 and 300/20 were partly allowed by directing the Developer to either hand over the possession with delayed compensation or refund the deposited amount with interest as per the discretion of the Flat Buyers.

(2.) The relevant facts which are material to dispose of the present Review Applications, are that the Complainants/Non-Applicants were allotted different Residential Units in 'TERRA' Residential Project, to be developed by the Opposite Party Developer at sector 37D, Gurugram, Haryana. Flat Buyers Agreements (hereinafter referred to as 'The Agreement') were executed between the Parties almost in the year 2012-2013. As per Clause 1.6 of the Agreement, the Opposite Parties were under an obligation to deliver the possession of the allotted Unit to the Flat Buyers within a period of 42 months from the date of execution of Agreement or sanction of Building Plan, whichever was later, extendable by another 180 days as grace period from the date of signing and execution of the Agreement. Since the Opposite Party Developer had failed to deliver the possession of the allotted Flats within stipulated period despite having received a substantial amount, alleging deficiency in service on the part of the Opposite Party Developer, the Non-Applicants/Complainants filed aforesaid Consumer Complaints claiming refund of the entire deposited amount along with interest and compensation.

(3.) This Commission vide its Order dtd. 4/1/2023 disposed of the Consumer Complaints by observing as under:-