JUDGMENT/ORDER :

Prem Narain, Presiding Member

1. This consumer complaint has been filed by the complainants Mrs. Bimla Dalmia & anr. against the opposite party.

2. It has been alleged in the complaint that the complainants have purchased the apartment from the original allottee under the project "Paras Quartier" Sector -2, Gurgaon, Haryana of the opposite party. On 22.12.2012, the opposite party issued letter of allotment in favour of the original allottee i.e. Hemant Kumar Bhagat. The complainants paid Rs.45, 00, 000/- to the first allottee and Rs.38, 00, 000/- to the opposite party vide cheque dated 27.12.2012. Through letter of endorsement on 28.1.2013, the opposite party endorsed the allotment to the present complainants. Then complainants paid further amounts on different dates. Finally, complainants had paid Rs.1, 62, 00, 619/- as against the total consideration of Rs.4, 01, 25, 000/- by 05.07.2014. It has been alleged that the building is being constructed on the encroachment over a drain (nala), therefore, the complainants are not interested in taking any flat which will be involved in dispute. The complaint has been filed for refund of the amount and in the alternative for t