DEEPA SHARMA,J. - (1.)The brief facts of the case are that complainants had booked a Flat in the project namely, 'The Corridors' being developed by the opposite party at Sector 67-A, Gurgaon vide application dtd. 22/3/2013. An Apartment Buyer's Agreement was entered into between the parties on 27/5/2014. The Opposite Party was under obligation to hand over the possession of the Apartment within 42 months from the date of approval of the building plans. The complainants were allotted Flat No. 1003 on 10th Floor, Tower A-8 measuring 1904.08 sq. ft. The complainants paid a total amount of Rs.80,72,327.00 towards total consideration amount of Rs.1,90,58,330.00. The opposite party, however, failed to keep its promise and failed to deliver the subject flat within the stipulated period till the filing of the present complaint. The complainants had requested for the refund of the deposited amount along with interest @ 18% p.a. from the date of receipt of payments made to the Opposite Party along with Rs.5.00 lacs towards mental agony, harassment and Rs.1,00,000.00 towards litigation cost.
(2.)Claim is contested by the Opposite Parties. They have raised several contentions and gave various reasons for the delay and requested that complaint be dismissed.
(3.)The parties led their evidences. We have heard the arguments and perused the relevant record. During the course of arguments, learned counsel for the complainants had relied on the findings of the Hon'ble Supreme court in the case of in Ireo Grace Relatech Pvt. Ltd., Vs Abhishek Khanna and Others (2021) 3 SCC 241 decided on 11/1/2021. Learned counsel for the Opposite Parties submits that qua the flat in question, they have obtained the occupancy certificate and are in a position to hand over the subject flat. Learned counsel for the complainants submits that in terms of order of the Hon'ble Supreme Court in Abhishek Khanna ( supra), since the subject property falls in 'Chart-A' as chalked out by the Hon'ble Supreme Court in the said case, they are ready to take the possession of the subject flat, al-though their prayer has been for the refund of the money. It is requested that relief in terms of order of the Hon'ble Supreme Court in Abhishek Khanna ( supra ) be also awarded to them.