JUDGMENT :

SANJAY KUMAR, J

1. National Consumer Disputes Redressal Commission, New Delhi (in short, ‘NCDRC’), decided Consumer Complaint No. 35 of 2018, vide order dated 09.11.2022. Disgruntled with the said order, the complainants therein preferred this statutory appeal.

2. The appellants intended to purchase an apartment in a building to be constructed by the respondent-company at New Cuffe Parade, Wadala, Mumbai. The parties executed Agreement to Sell dated 29.11.2013 (hereinafter, ‘the Agreement’), whereby the 4BHK apartment bearing No. B-602, on the sixth floor of the proposed building named ‘Lodha Evoq’, with a carpet area of 1966 sq. ft. was allotted to the appellants. The sale consideration was fixed at Rs.7,55,50,956/-. As per the payment schedule, this sale consideration was to be paid in four sets of ‘application money’, viz., Rs.18,00,000/-, Rs.57,55,096/-, Rs.74,79,545/-and Rs.21,62,700/-respectively, and the balance amount, being Rs.5,83,53,615/-, was to be paid on initiation of fit outs. It is not in dispute that the appellants paid Rs.2,25,31,148/-in all to the respondent-company by the date of institution of their consumer complaint before the NCDRC and were not in de