Ajit Bharihoke, Presiding Member—Anurag Sharma and his wife Disha Singh have filed the instant complaint alleging that OP No.1 is a real estate developer. In the end of year 2000, OP No.1 launched a development project ‘Fresco’ in Sector 50, Nirvana Country, Gurgaon, Haryana and promised possession in March 2009.

2. Attracted by the advertisement of OP No.1, Raj Kumar Rastogi (HUF) applied for a residential unit in the said project and he was allotted apartment no. 403 on 04th Floor, Block-17 in consideration of Rs.54,85,556/- payable in instalments as per the agreed payment plans. Raj Kumar Rastogi (HUF) made timely payment of instalments as per demand.

3. That on 21.05.2008 Raj Kumar Rastogi (HUF) sold its right in the above apartment to Sh. Anurag Rastogi and Sonia Rastogi. The said purchasers made timely payment of instalments as per demands. In March 2009, the opposite party sought extension of time to complete the project and extended the delivery date to December 2009.

4. That on 22.10.2009, the complainants purchased the rights of subject unit from Anurag Rastogi and Sonia Rastogi on payment of consideration. The allotment of apartment was transferred in the name of t