ORDER

The present Consumer Complaint has been filed under Section 12(1)(a) read with Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by Smt. Nidhi Chawla and her son, Sh. Anmol Chawla (hereinafter to be referred to as the “Complainants”) against Opposite Party, M/s. Ansal Crown Infrabuild Pvt. Ltd. (hereinafter referred to as the “Developer”) seeking refund of the amount paid towards purchase of Apartment along with interest as the Opposite Party Developer has failed to hand over the possession of the Apartment booked by Mr. Pradeep Chawla (the husband of the Complainant No.1 and the father of the Complainant No.2) in the Project launched by the Developer in the name and style of “Ansal Crown Heights” (hereinafter to be referred to as “the Project’) located at Sector 80, Faridabad, Haryana.

2. The facts as narrated in the Complaint are that on 20.08.2012, the late husband of the Complainant no.1 and father of the Complainant No.2 had applied for booking of a Residential Apartment in the Group Housing Project namely, “Ansal Crown Heights”, proposed to be developed by the Opposite Party Developer. Vide Allotment Letter, dated 27.10.2012, he was allotted Flat No. 1101, Tower 1 admeasuring approximate Super Area of 2606.00 Sq. Ft. for a total Sale Consideration of Rs.82,55,808/-. The Flat Buyer’s Agreement (hereinafter to be referred to as “the Agreement”) was executed between the parties on 19.10.2012. As per Clause 4 of the Agreement, the Developer had contemplated to complete the construction of the Apartment within 36 months from the date of execution of the Buyer’s Agreement, meaning whereby, in terms of the Buyer’s Agreement, the possession ought to have been handed over to the Complainants on or before 18.10.2015.

3. According to the Complainants, they have paid a sum of Rs.58,34,929.85 out of total Sale Consideration of Rs.82,55,808/- to the Developer during the period from 18.08.2012 to 17.12.2013. It is averred that upon many visits to the Site, it came to the knowledge of the Complainants through some officials of the Developer that Flats in Tower 8 and Tower 9 of the Project in question would be completed and possession would be delivered very soon in comparison to the other Towers of the Project. As the Complainants were under financial constrains due to heavy expenditure on the treatment of Mr. Pradep Chawla who expired on 26.10.2015 because of Cancer in liver and lungs, the Developer sought a letter from the Complainants requesting them to surrender the allotted Flat and in lieu of that to allot a smaller Flat in other Tower or to refund of money without any deduction. Accordingly, vide letter dated 15.06.2017, the Complainants requested the Developer to surrender the allotted Flat and to refund the deposited amount without any deduction or alternatively to allot a smaller Flat in Towers 8 or 9 of the Project within the amount already deposited with them. However, no action was taken by the Developer on the said letter despite repeated requests of the Complainants. It is averred that the Developer has committed gross deficiency in service and adopted Unfair Trade Practices, since the Complainants had, time and again, requested for the possession of the Flat in question but the Opposite Party was not in a position to give an exact date of handing over the possession. Feeling aggrieved, the Complainants have filed the present Complaint with the following reliefs:-

“(a) Direct the Opposite Party to refund of Rs.1,17,18,601/- (Rupees One Crore Seventeen Lacs Eighteen Thousand Six Hundred and One only) being refund of an amount of Rs.58,34,929/- paid by the Late Husband of the Complainants to the Opposite Party along with interest @18% per annum we.f. 17.12.2013 till 10.10.2018 along with pendent lite and future interest @ 18% p.a. till payment;

(b) Direct the Opposite Party to pay compensation and damage to the tune of Rs. 10,00,000/- (Rupees ten lakh only) to the Complainants for the mental pa