ORDER

Ram Surat Ram Maurya, Presiding Member.—Heard Ms. Urvi Kuthiala, Advocate, for the complainants and Ms. Kanika, Agnihotri, Advocate for the opposite parties.

2. The complainants have filed this complaint for directing the opposite parties (hereinafter referred to as the builder) jointly and severally (i) to refund Rs.17648722/- along with compoundable interest @18% with quarterly rest, from the date of respective deposits till the day of filing of the complaint, (ii) to pay pendente lite and future interest @18% compounded quarterly, till the date of actual payment, (iii) to pay Rs.25/- lacs as the compensation for escalation in market price, mental and physical harassment, (iv) to pay the cost of the litigation and (v) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

3. The facts, as stated in the complaint and emerged from the documents attached with it, are that the builder was a company and engaged in business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2010, the builder launched a project of group housing in the name of “Indiabulls Enigma” at village Pawala Khusrupur, Sector-110, Gurgaon, Haryana. On coming to know about the project, the complainants visited the office/site of the builder and discussed about the project with the officials of the builder. They informed that the project consisted car parking space at stilt and basement level, club, convenient shopping, staircase, lifts, open spaces, passages, service of water supply, sewage disposal, irrigation etc. They assured that the construction would be completed and possession be delivered within three years. Believing upon their representation, the complainants booked a 4BHK flat on 14.08.2010 and gave a cheque of Rs.500000/-. The builder allotted Apartment No. 071, (tentative super area 3400 sq.ft. + two car parking spaces, basic sale price Rs.16579998/-), Block-A, in the project on 16.03.2012. Opposite Party-1 executed Flat Buyer’s Agreement on 09.04.2012, in favour of the complainants. Annexure-1 of the agreement, contained a “Construction Linked Payment Plan”. As per clause-21 of the agreement, the construction has to be completed within three years with grace period of six months from the date of execution of the Flat Buyer’s Agreement. The complainants took loan of Rs.1.25/- crore from Housing Development and Finance Corporation Ltd., for which a tripartite agreement dated 13.04.2012 was executed and the builder granted permission for mortgage of the flat on 12.04.2012. The complainants deposited Rs.500000/- on 14.08.2010, Rs.226208/- on 16.03.2012, Rs.1171767/- on 16.03.2012, Rs.171500/- on 17.03.2012, Rs.1568725/- on 16.04.2012, Rs.4900760/- on 20.04.2012, Rs.2174620/- on 07.05.2012, Rs.302362/- on 08.05.2012, Rs.871146/- on 12.07.2012, Rs.1180664/- on 13.07.2012, Rs.1448414/- on 08.09.2012, Rs.535196/- on 13.09.2012, Rs.1144800/- on 06.03.2013, Rs.564519/- on 06.03.2013, Rs.28111/- on 13.05.2014 and Rs.859921/- on 12.11.2014 (total Rs.17648722/- as against basic sale price of Rs.16579998/-). As per agreement, expected date of possession was June, 2015. Time to time, the complainants inquired about the possession of the flat and the builder gave some assurance for delivery of possession as early as possible. The complainants, vide email dated 08.05.2015, sought for information, regarding status of the construction. The builder, vide email dated 13.05.2015, supplied some photographs of the construction. On perusal of the photographs, it was revealed that there was no approach road from any side of the project. The complainants, vide email dated 14.05.2015, sought for information regarding approach road, electricity, water and other amenities. The builder however did not reply. The complainants, vide email dated 26.09.2017, sought for information, regarding date of the possession. The builder, vide email dated 27.09.2017, in