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TMI Blog2020 (12) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- It is true that in the present case, the contractual rate of Rs. 10 per square foot per month is double the rate fixed in the agreements in the above case. On the other hand, the Court must be conscious of the fact that the situation in the real estate market in Delhi is very distinct from that in Bengaluru both in terms of rentals and land values. This has not been disputed. The flat buyers had to suffer on account of a substantial delay on the part of the Appellants. In such a situation, they cannot be constrained to the compensation of Rs. 10 per square foot provided by the agreements for flat purchase. However, having regard to all the facts and circumstances, the compensation on account of delay should be brought down from 7% to 6%. Moreover, the amount, if any, which has been paid in terms of the contractual rate shall be adjusted while computing the balance due and payable in terms of the judgment. Appeal allowed in part. - Hon'ble Judges Dr. D.Y. Chandrachud, Indu Malhotra and Indira Banerjee, JJ. ORDER 1. These appeals arise from a judgment of the National Consumer Disputes Redressal Commission dated 3 January, 2020 in a batch of consumer complaints. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per annum shall be payable with effect from the expected date for delivery of possession till the date on which the consumer complaint by/on behalf of such an allottee was instituted. The compensation shall be paid within a period of three months from today. (vi) The car parking charges and club charges wherever already paid to the developer shall be refunded to the concerned allottee within three months from today, failing which the said charges shall carry interest @ 9% per annum from the date of this order, till the date of refund. (vii) The conveyance deed in favour of the allottees shall be executed within three months from today, subject to payment of outstanding dues, if any, payable by the allottees to the developer, in terms of this order and the requisite stamp duty and registration charges. (viii) In CC/351/2015 and CC/2047/2016, the developer shall pay Rs. 50,000/- as the cost of litigation in each complaint whereas in the other consumer complaints, the developer shall pay Rs. 46,000/- as the cost of litigation in each. 4. Mr. Pinaki Misra, learned Senior Counsel appearing on behalf of the Appellants submits that in view of the recent judgment of this Court in Wing Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not as investors, but as genuine flat buyers. Hence, it has been submitted that the direction against the Appellant for the payment of compensation is justified since there is admittedly a substantial delay in the completion of the project. Mr. Divan urged that an omnibus contention that several flat buyers in the project have sold their apartments, should not prevent the complainants from receiving the benefit of the compensation which has been awarded by the NCDRC, particularly in a situation where the contractual rate of Rs. 10 per square foot provides inadequate recompense. On the aspect of parking and club charges, Mr. Divan has fairly submitted that the Court may take an appropriate view of the matter having regard to its decision dated 24 August, 2020 in Wing Commander Arifur Rahman Khan (supra). 6. At the outset, we must deal with the force majeure defence. The NCDRC has carefully evaluated the basis on which the defence was set up and has come to the conclusion that there is no cogent evidence in regard to the nature of the delay and the reasons for the delay in the approval of the building plans. Quite apart from this finding of fact, it is evident that a delay in the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noted above, we are unable subscribe to the submission that the flat buyers are not entitled to any payment whatsoever on account of delayed compensation. 8. Mr. Misra submitted that in the present case, the agreement provided for compensation at the rate of Rs. 10 per sq. ft. as distinct from the agreement in the decision of this Court in Wing Commander Arifur Rahman Khan where the contractual compensation was at the rate of Rs. 5 per sq. ft. per month. Hence, it was submitted that no compensation over and above the contractual rate should be allowed. Alternately, it was urged that in the present case if the Court is inclined to award compensation, it should be brought down to a 6% per annum (or even less) which was awarded in the above case. 9. It is true that in the present case, the contractual rate of Rs. 10 per square foot per month is double the rate fixed in the agreements in the above case. On the other hand, the Court must be conscious of the fact that the situation in the real estate market in Delhi is very distinct from that in Bengaluru both in terms of rentals and land values. This has not been disputed. The flat buyers had to suffer on account of a substantial delay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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