V.K. Jain, Presiding Member—The complainants, who are husband and wife, booked a residential flat with the opposite party in a project named ‘CAPELLA’, which it was seeking to develop on Plot No.GH-01, Sector-MU, Greater NOIDA, Distt. Gautam Budh Nagar, U.P. The price of the flat was agreed at Rs.57,96,116/- and the complainants paid a total sum Rs.55,49,812/- to the opposite party. It was agreed that the possession of the flat will be handed over to the complainants within 40 months of the Agreement. The opposite party however failed to deliver the possession of the flat by the stipulated date. Being aggrieved, the complainants are before us by way of this complaint seeking refund of the aforesaid amount of Rs.55,49,812/- along with Rs.64,93,279/- as interest on that amount @ 18% per annum computed w.e.f. 03.12.2007 and compensation for mental pain, harassment etc. quantified at Rs.50,00,000/-.

2. The complaint has been resisted by the opposite party inter-alia on the ground that it is barred by limitation and has not been filed by a competent person. On merits, allotment of Apartment No.404 in Tower 9, measuring 1870 sq. ft. to the complainants has been admitted. It is h