ORDER

1. Are the Complainants consumers within the meaning of that expression as defined in Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986

2. We have heard Shri G. N. Mishra, the learned advocate of the Complainants, at the stage of admission.

3. The Complainants are the owners of plot no. 4 admeasuring 911 sq. mts. under survey no.128/5-D. The Complainants entered into an agreement dated 24/07/2009 with the OP styled as an agreement for exchange cum development. Under the said agreement the OP was to construct a building on the said plot consisting of total built up area of 727.90 sq.mts. as per development permission dated 03/03/09. The building was to be constructed within 30 days from the date of execution of the said agreement.

4. The OP was to sell to the Complainants, under the said agreement, flats, F2, S2 and G1 admeasuring 62.7, 62.7 and 53.3 sq.mts. respectively, for a total consideration of Rs.28,70,000/- which was to be paid to the OP as per schedule VI of the said agreement. In case of delay of handing over possession within the period of 30 months, the Complainants were to be paid Rs.20,000/- per month by way of liquidated damages.

5. The Complainants' cl