Note - Since Consumer Case No. 238 of 2017 and Consumer Case No. 239 of 2017 challenged the final verdict of the National Consumer Disputes Redressal Commission ("the National Commission") and both cases involved a common issue, they were disposed of through a single Judgment and Order.

Facts:

• The Pioneer Urban Land & Infrastructure Ltd (Appellant) was the Builder of "Araya Complex," Sector 62, Gurugram.
• Govindan Raghavan (Respondent) was the flat purchaser who entered into an Apartment Buyer’s Agreement on 08.05.2012 for a total consideration of Rs. 4,83,25,280/-
• According to Clause 11.2 of the Agreement, the Builder was obligated to apply for the Occupancy Certificate within 39 months of excavation, which commenced on 04.06.2012.
• The Builder failed to meet the deadlines set for 04.09.2015 or within the grace period that ended on 04.03.2016.
• Consequently, the Respondent filed a Consumer Complaint on 27.01.2017 with the National Commission, alleging the Builder's failure to obtain the Occupancy Certificate and deliver possession of the flat constituted a deficiency in service.
• On 06.02.2017, the National Commission passed an ex-parte Interim Order restraining the Builder from cancelling the Respondent’s allotment during the pendency of the case.
• Aggrieved by the National Commission's Order dated 23.10.2018, the Appellant-Builder filed the present appeal under Section 23 of the Consumer Protection Act, 1986.
  

Background/ Procedure Posture:

• The Respondent filed a consumer complaint before the National Commission against the Builder (Appellant here) for not obtaining an Occupancy Certificate and delivering possession. They sought a refund of Rs. 4,48,43,026/-, compensation of Rs. 10,00,000/-, and others.
• On 06.02.2017, the National Commission by an interim order restrained the Builder from cancelling the Flat Purchaser's allotment during the case. (Paragraph 3.4)
• During proceedings, the Builder obtained the Occupancy Certificate on 23.07.2018 and issued the Possession Letter on 28.08.2018. (Paragraph 3.5)
• On 23.10.2018, the National Commission ruled in favour of the Respondent - Flat Purchaser due to a significant delay of 3 years to obtain the Occupancy Certificate and ordered the Builder to refund Rs. 4,48,43,026/- with 10.7% interest per annum. (Paragraph 3.8)
• Aggrieved by the decision, the Builder filed an appeal under Section 23 of the Consumer Protection Act, 1986 before this court. (Paragraph 3.9)
  

Main Issue:

1. Whether there was deficiency of service because of the service provider's significant delay in fulfilling their obligations, and if such delay can be considered a breach of contract?
2. Whether the one-sided and unfair clauses in the Builder Buyer’s Agreement by the builder, particularly those restricting termination rights and fixing a low refund interest rate, are binding on the Purchaser?