ORDER :

Mr. Justice J.M. Malik, Presiding Member-Rajshree Agarwal and Kamal Kishore Garg, the complainants purchased flat measuring 270 sq.yds @ Rs. 23,000 per sq.yd in Panchkula Extension City, which belongs to Idyllic Resorts Pvt. Ltd., OP. The complainants paid Rs. 6,21,000 as 10% initial payment on 10.1.2012 and Rs. 3,10,500 on 9.1.2012, to OP1. The complainants were assured that they would get the flat within two years , i.e. by February, 2014.

2. In May, 2010, the CEO of OP invited the complainants to choose the flat and assured timely possession of the flat. On 23.6.2012, the complainants selected Flat No. 347 measuring 184.74 sq.yds, instead of 270 sq.yds and intimated to OP about this, on 23-24 June, 2012. A reminder was also sent on 26.7.2012.

3. The OPs, vide letter dated 3.8.2012, confirmed the reduced size measuring 185 sq.yds and acknowledged the receipt of Rs. 6,21,000. They fixed the price of the flat at Rs. 19,000 per sq.yd + Rs. 3,412 towards EDC, PLC and IFMS. The OPs made demand of second instalment to the extent of 15% and asked the complainants to deposit the balance amount of Rs. 4,15,555 by considering plot size at 185 sq.yds instead of actual size of 184.74 sq