Usha S. Thakare, Presiding Judicial Member—Complainant, Mr. Carlos Felix Barretto and his wife Rita Barretto have filed the present consumer complaint against opposite party Shetty Coastal Development Pvt. Ltd. by alleging that the opposite party failed to deliver possession of the flat as per the agreement and further failed to refund money with interest and thereby caused loss and hardship to the complainants by adopting unfair trade practice. They are guilty of deficient service through gross negligent acts.

2. According to the complainants, they had booked two flats with the opposite party. Flat No.8 out of building No.6, area 577 sq. ft. was booked for consideration of Rs.3,30,775. Flat No.4 out of building No.6, area 530 sq. ft. was booked for the consideration of Rs.3,04,750. The complainants had paid an amount of Rs.2,50,250 to the opposite party towards part payment of the flat No.8. The opposite party agreed to handover possession of flat on 13.2.1997.

The complainants had paid an amount of Rs.2,00,000 for flat no.4 to the opposite party towards part payment and the opposite party agreed to handover possession of the flat on 22.3.1997. Two separate agreements were ex