w w w . L a w y e r S e r v i c e s . i n



Gopal Das Mundhra & Others v/s Ozone Projects Pvt. Ltd. Rep by its Managing Director & Another


Company & Directors' Information:- OZONE PROJECTS PRIVATE LIMITED [Active] CIN = U70101TN2005PTC056894

Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- OZONE INDIA LIMITED [Active] CIN = U45201GJ2007PLC051653

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- J N GOPAL AND CO PRIVATE LIMITED [Active] CIN = U74899DL1981PTC012476

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- MUNDHRA AND CO. PRIVATE LIMITED [Active] CIN = U50300OR2005PTC008090

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- MUNDHRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC117403

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- GOPAL CO PVT LTD [Strike Off] CIN = U00513MP1948PTC000460

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- J Y R PROJECTS PRIVATE LIMITED [Active] CIN = U70109TG2021PTC153917

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- DAS-G INDIA PRIVATE LIMITED [Active] CIN = U24304DL2020PTC370609

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    Consumer Case Nos. 2044, 2045 Of 2017, 1701, 1702, 2286, 2287, 2288 of 2018

    Decided On, 07 September 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE R.K. AGRAWAL
    By, PRESIDENT & THE HONOURABLE MR. BINOY KUMAR
    By, MEMBER

    For the Complainants: Aditya Parolia, Advocate. For the Opposite Parties: Nemo.



Judgment Text

R.K. Agrawal, PresidentThese Complaints have been filed by the Complainants under Section 21 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against Ozone Projects Private Limited. As all these Consumer Complaints are relating to the same Project, i.e., “The Metrozone” and the issues involved are more or less similar, hence all these Consumer Complaints are being disposed of by this Common Order.2. For the sake of convenience Consumer Complaint No. 2044 of 2017 is being taken as the lead case.CONSUMER COMPLAINT No. 2044 OF 20173. The brief facts as stated in the Complaint are that the Complainants lured by the attractive advertisements of the Project “The Metrozone” of the Opposite Party, on 10.06.2009, booked a Flat No. R-904, admeasuring 2661 sq. ft. in the said Project by paying an advance amount of Rs.5,00,000/- to the Opposite Party. Thereafter, on 23.08.2009, the Complainants entered into an Agreement for Sale and Construction Agreement with the Opposite Party for the aforementioned Flat for a total sale consideration of Rs.1,62,41,932/- (Cost of Land Rs.29,12,000 + Cost of Constructions Rs.1,32,29,931). As per Delivery Schedule mentioned in Annexure-3 of the Construction Agreement the possession of the Flat was to be delivered in January, 2012. It is stated that the Complainants in total paid a sum of Rs.1,69,68,520/- by availing a Housing Loan from HDFC Bank for an amount of Rs.1,00,00,000/-. It is alleged that the Opposite Party failed to hand over the possession of the Flat on agreed time despite having received substantial amount and arbitrarily changed the scheduled dates many times. The possession of the Flat was finally handed over to the Complainants on 01.09.2015, with the delay of 43 months, which caused mental agony, harassment and financial loss to the Complainants.4. It is averred that the Opposite Party is charging interest @ 18% p.a. for any delay in payment of instalments by the Purchasers, as can be seen from Clause 5 (f) of the Construction Agreement and the Complainants herein have also paid an amount of Rs.3,68,372/- towards interest for delay in payment @ 18% p.a. and keeping in view the parity the Complainants are also entitled for the same interest rate i.e. @ 18% p.a. for delay in possession of the Flat.5. On 04.02.2017, the Complainants got issued a Legal Notice to the Opposite Party claiming an amount of Rs.1,56,62,240/- towards financial loss for delay in handing over of possession of the Flat. On 12.04.2017, the Opposite Party replied to the Legal Notice and denied all the allegations made by the Complainants and rejected their entire claim. Dissatisfied, with the response to the Legal Notice, the Complainants alleging deficiency in services and unfair trade practices on the part of the Opposite Party, approached this Commission seeking the following reliefs:“a) Compensate the interest losses incurred to the complainants, an interest amounting to Rs.97,97,527/- (Rupees ninety seven lacs ninety seven thousands five hundred and twenty seven only) at the rate of 18% interest on Rs.1,69,68,520/- (Rupees one crore sixty nine lacs sixty eight thousand five hundred and twenty only) from February, 2012 to August 2015, as it was charged by the Opposite Party from the Complainants for the delayed payments as per clause 5 (f) of the Constructions Agreement at the pro-rata basis for the 43 months delay in handover the possession;b) Compensate the rental loss of Rs.48,00,000/- (Rupees forty eight Lakh only) approximately incurred to the Complainants;c) Compensate the Complainants for the mental agony and the harassment to the tune of Rs.10,00,000/- (Rupees ten Lacs only);d) Compensate the loss of income tax benefit incurred to the Complainants, which is approximately Rs.1,80,000/- (Rupees one lac eighty thousands only) as per the certificate of the Chartered Accountant;e) Deposit an amount of Rs.5,00,000/- in the National Commission to be utilized for the welfare schemes meant for bona-fide consumers; andf) Grant cost of Rs.1,00,000/-(One Lac) towards litigation expenses incurred by the Complainants;Pass such further or other orders or directions as this Hon’ble Commission considers deem fit and proper in the facts and circumstances of the case.”6. Vide Order dated 20.02.2019, the right of the Opposite Party to file the Written Statement was closed, as the Opposite Party failed to file the Written Statement within the statutory period and the Complainant was directed to file the Evidence by way of Affidavit. On 09.04.2020, the Opposite Party was granted eight weeks’ time to file the Evidence by way of Affidavit. On that day, Mr. Anish R. Shah, Advocate was present for the Opposite Party. As the Opposite Party failed to file the Evidence by way of Affidavit despite several opportunities, on 18.06.2021, a last chance was given to the Opposite Party to file its Evidence by way of Affidavit within four weeks and the matter was directed to be listed for Final Hearing on 26.08.2021. Thereafter, on 26.08.2021, neither the Evidence by way of Affidavit was filed by the Opposite Party nor anyone appeared on its behalf and the matter was heard finally.7. Heard Mr. Aditya Parolia, learned Counsel for the Complainant.8. Learned Counsel for the Complainant has placed reliance on the decision of this Commission in Consumer Case No. 1904 of 2018 (Haresh Bathija & Anr. Vs. Ozone Projects Private Limited), I (2021) CPJ 190 (NC), decided on 14.01.2021.9. From perusal of the record, we find that this matter also relates to the same Project i.e. “The Metrozone” as in Haresh Bathija (Supra). Further, as in the present case, in that case also the Complainants had not been handed over possession of the Flat on time and they also sought compensation for the delayed possession.10. It is pertinent to mention here that Haresh Bathija (Supra) was contested by the Opposite Party by filing its Written Statement and making Oral Submissions. Disapproving all the pleas raised by the Opposite Party, by a detailed Order this Commission in Haresh Bathija (Supra), has held as under:10. Having gone through the material available on record, evidence adduced by the Parties as well as the oral submissions made by both the Parties, I am of the view that under the facts and circumstances of the case, the Complainants are entitled for interest @8% p.a. on the deposited amount towards compensation for delay in handing over the possession of the flat. Even though, the Opposite Party Builder had sent a letter of offering possession of the Flat on 26.12.2016 but on account of certain issues, the possession was not delivered/taken. This Commission vide Order dated 05.12.2019 had directed the Opposite Party Builder to hand over the possession of flat, i.e. “Unit No. H202” to the Complainants in a habitable condition on 12.12.2019. For ready reference the Order dated 05.12.2019 is reproduced below:-“IA No. 7861 of 2019This Application has been filed by the Complainants, seeking a direction to the Opposite Party to deliver the possession of flat, i.e. “Unit No. H202”, in the building situated at No. 44, Pillaiyar Koil Street (Jawaharlal Nehru Road), Anna Nagar, Chennai-600040.We have heard Mr. Haresh Bhatija, Complainant No.1, who has appeared in person, and Mr. Anish R. Shah, learned Counsel for the Opposite Party. Learned Counsel for the Opposite Party invited our attention to Annexure A-1 at page 16, filed along with the Application, wherein a demand of Rs.2,52,447/-, after deducting the delay compensation of Rs.8,74,975/-, was made by the Opposite Party in order to give the possession of the flat in question.Mr. Haresh Bhatija, Complainant No.1, states that he has handed over a cheque of Rs.2,52,447/- to Mr. Anish R. Shah, learned Counsel for the Opposite Party, today. The cheque be received by the learned Counsel for the Opposite Party and the possession of flat in question, i.e. “Unit No. H202” be delivered to the Complainants in a habitable condition on 12.12.2019.The Application stands disposed of.”11. It would be appropriate in the interest of Justice that the Opposite Party Builder be directed to pay compensation for delayed delivery of possession in the form of interest @8% p.a. from the date of delivery of possession as specified in the Agreement till the date of Order vide which Opposite Party Builder was directed to deliver the possession of the Flat. Accordingly, the Opposite Party Builder is directed to pay interest @8% p.a. to the Complainants with effect from 30th November 2012 (date of delivery of possession) to 05th December 2019 (date of Order directing Opposite Party to deliver the possession) within a period of six weeks from the date of receipt a copy of this Order. It is made clear that the amount of ?8,74,975/- already received by the Complainants as compensation, will be adjusted by the Opposite Party Builder against the amount calculated in terms of this Order.”11. The issue involved in the present Complaint and Haresh Bathija (Supra) is similar. Accordingly, following the decision of this Commission in Haresh Bathija (Supra), we allow the present Complaint in part and direct the Opposite Party to pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainants from the respective dates of deposit or from January, 2012 (the promised date of delivery of possession), whichever is later till 01.09.2015 (the date of offer of possession). Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainants as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 2045 OF 201712. Mr. B. Rajasekaran and Mrs. Rani booked a residential Flat No. H-707, admeasuring 2661 sq. ft. and entered into Agreement for Sale and Construction Agreement on 30.04.2010. The possession of the Flat was to be delivered in November, 2012 as per Annexure-3 of the Construction Agreement and the actual possession was delivered on 10.04.2017. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainants from the respective dates of deposit or from November, 2012 (the proposed date of delivery of possession), whichever is later till 10.04.2017 (the date of offer of possession). Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainants as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 1701 OF 201813. Mr. G. Mahendar Rao and Mrs. Sangeetha Rao booked a residential Flat No. G-204, admeasuring 2661 sq. ft. and entered into Agreement for Sale and Construction Agreement on 30.09.2010. The possession of the Flat was to be delivered in November, 2012 as per Annexure-3 of the Construction Agreement and the actual possession was delivered April, 2018. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainants from the respective dates of deposit or from November, 2012 (the proposed date of delivery of possession), whichever is later till April, 2018 (the date of offer of possession). Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainants as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 1702 OF 201814. Mr. G. Mahendar Rao booked a residential Flat No. A-303, admeasuring 2661 sq. ft. and entered into Agreement for Sale and Construction Agreement on 30.06.2012. The possession of the Flat was to be delivered in October, 2013 as per Annexure-3 of the Construction Agreement and the actual possession was delivered June, 2019 as mentioned in the chart submitted by the learned Counsel for the Complainant at the time of Final Hearing. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainant from the respective dates of deposit or from October, 2013 (the proposed date of delivery of possession), whichever is later till June, 2019 (the date of offer of possession). Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainant as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 2286 OF 201815. Mr. P. Sailesh Kumar and Mrs. Mitra Devi booked a residential Flat No. Z-1402, admeasuring 2062 sq. ft. and entered into Agreement for Sale and Construction Agreement on 17.04.2013. The possession of the Flat was to be delivered in January, 2016 as per Annexure-3 of the Construction Agreement and the possession of the Flat has not been delivered till date. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to handover the possession of the Flat in a habitable condition and pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainants from the respective dates of deposit or from January, 2016 (the proposed date of delivery of possession), whichever is later till the actual date of delivery of possession. Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainants as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 2287 OF 201816. Mr. P. Sridhar booked a residential Flat No. AC-904, admeasuring 1555 sq. ft. and entered into Agreement for Sale and Construction Agreement on 30.09.2011. The possession of the Flat was to be delivered in November, 2013 as per Annexure-3 of the Construction Agreement and the possession of the Flat has not been delivered till date. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to handover the possession of the Flat in a habitable condition and pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complai

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nant from the respective dates of deposit or from November, 2013 (the proposed date of delivery of possession), whichever is later till the actual date of delivery of possession. Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainant as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.CONSUMER COMPLAINT No. 2288 OF 201817. Mr. V. Jayakumar booked a residential Flat No. AD-1401, admeasuring 2062 sq. ft. and entered into Agreement for Sale and Construction Agreement on 28.02.2013. The possession of the Flat was to be delivered in March, 2015 as per Annexure-3 of the Construction Agreement and the possession of the Flat has not been delivered till date. For all the reasons noted in Consumer Complaint No. 2044 of 2017, we allow the present Complaint in part and direct the Opposite Party to handover the possession of the Flat in a habitable condition and pay compensation for delayed delivery of possession in the form of interest @ 8% p.a. on the amount deposited by the Complainant from the respective dates of deposit or from March, 2015 (the proposed date of delivery of possession), whichever is later till the actual date of delivery of possession. Time for compliance of this Order is six weeks from the date of receipt of a copy of this order. It is made clear that if any amount is already received by the Complainant as compensation for delay in delivery of possession, the same will be adjusted by the Opposite Party from the amount calculated in terms of this Order.
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