ORDER

1. The present Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) against Opposite Party M/s. DLF New Gurgaon Homes Developers Pvt. Ltd. (Now DLF Homes Developers Pvt. Ltd.) (hereinafter referred to as OP Builder), by Mr. Sumeet Saluja and his wife Mrs. Amarjeet Kaur, Complainants / Allottees of Residential Flat in a Group Housing Project, namely, “The Primus DLF Garden City” (for short “the Project”), to be developed and constructed by the OP Builder in Sector 82-A, Gurgaon, Haryana, seeking possession of the Unit alongwith compensation for the losses suffered by them on account of Unfair and Restrictive Trade Practices adopted and the deficient services rendered by the OP Builder in not handing over the possession of the allotted Apartment/Unit within the stipulated time.

2. According to the Complainants, facts of the case are that allured by the advertisements and the various lucrative representations made by the Officials and Brokers of the Opposite Party Builder that the Flats in the Project will be delivered within a period of 42 months, the Complainants applied on 22.02.2012 for allotment of an Apartment in the Group Housing Project, namely, “The Primus DLF Garden City” (for short “the Project”), to be developed and constructed by the OP Builder in Sector 82-A, Gurgaon, Haryana. The Complainants were allotted Apartment vide allotment letter dated 12.03.2012. Apartment Buyer’s Agreement was executed between the Parties on 18.07.2012. The total sale consideration of the Apartment was 1,45,17,125/-. As per final statement of Account as on 27.02.2017, the Complainants have deposited a sum of 1,34,18,750/- on different dates with the Opposite Party Builder. It is stated that as per Clause 11(a) of the Buyer’s Agreement, the possession of the Apartment would be delivered by 23.08.2015, that is within 42 months from the date of application. Despite receiving a huge sum of 1,34,18,750/-, the OP Builder failed to deliver the possession of the Apartment.

3. Alleging deficiency in service and unfair trade practice on the part of the OP Builder, the Complainants has filed the present Complaint with following prayer:-

(a) Direct the Opposite Party to handover the possession of the aforesaid flat complete in all respect to the Complainant immediately as per the Buyer’s Agreement and execute all the necessary and required documents in respect of the said flat in favour of the complainant or in alternative provide a ready to move in flat to the complainant which is of identical size and in similar locality or in alternative pay a sum being the available market rate if the similar house @ 13.000/- per sq.ft., the flat being of the size 1799 sq.ft to enable the Complainant to purchase another house on their own.

(b) Direct the opposite party to pay interest @ 12% p.a. on the sum collected by the O.P towards the house from the date of possession as per the buyer’s agreement till actual possession

(c) Direct the O.P to pay a sum of 50.000/- (Rupees fifty thousand only) to the complainants toward the cost of litigation.

(d) Any other order(s) as may be deemed fit and appropriate may also kindly be passed;

4. The Complaint was resisted by the Opposite Party Builder by filing Written Statement in which it was stated that there is Arbitration clause in the Agreement as such the present complaint is not maintainable before this Commission; Complainants are not consumers as they have booked the said Apartment for investment purpose. It was further stated that the possession of the Apartment could not be delivered in time due to the delay in grant of the necessary approvals by the competent authority and the reasons were beyond the control of the Opposite Party Builder. It was submitted that they have offered the possession on 27.01.2017 but the Complainants deposited the outstanding dues only on 01.01.2018 after which they issued No Due Certificate to the Complainants on