ORDER

Dr. Inder Jit Singh, Presiding Member—The present Consumer Complaint (CC) has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 by the Complainants against the opposite parties as detailed above, inter alia praying for:—

(i) Refund of the entire amount paid by the complainant to the opposite parties towards consideration of the flat booked by them in the project of Opposite Parties known as “RISE”, situated in RP City, Sector 37-D, Gurgaon, Haryana, alongwith interest @18%.

(ii) Rs 5,00,000/- as compensation on account of mental agony, harassment and towards cost of proceedings etc.

2. Notice was issued to the opposite party on 08/01/2019 giving them 30 days time to file their written statement.

3. It is averred/stated in the complaint that:—

(i) That the complainants booked a flat on 27.04.2012 in the residential Project launched by the Opposite Parties in the name of “RISE”, situated in RP City, Sector 37-D, Gurgaon, Haryana and was allotted flat No. 2203, on the 22nd Floor, tower A with a Super Area 1765 sq.ft. A provisional allotment letter dated 25.05.2012 was issued. Buyer’s agreement dated 26.12.2012 was entered between the parties. The total consideration for the flat was Rs 82,83,311/- out of which, the complainants paid Rs.75,69,936 till 15.11.2016. The OPs were liable to handover the possession of the unit within 36 months from the date of 26.12.2012.

(ii) After having paid almost 95% of the total cost of the flat, the OPs failed to hand over the possession within the stipulated period and it is alleged that the construction has not been completed so far. The Complainants are the original allottee.

(iii) It is averred in the Complaint that some of the clauses in the ABA are/were one sided, the allottees had to sign already prepared documents and some of the clauses contained therein were totally unreasonable and were in favour of OPs only. The ABA was a fixed set of papers, which was asked to be signed by the allottees, including the complainants, and no modification was entertained by the OPs. On request to change the one-sided clauses, it was told that ABA has to be signed as it is and in case it is not acceptable, then the allotment will stand cancelled and earnest money will be forfeited. Seeing no option, the Complainants had to sign the agreement containing one sided clauses favouring the OPs only.

(iv) As per ABA clause 15 (a), OPs were bound to give possession of the apartment to complainants by September, 2015. But till date the construction is not completed and possession has not been handed over, there is a significance delay in handing over the possession hence OPs are deficient in rendering services. It is further stated that the complainants have now lost all faith in the project of the OPs. The complainants do not now wish to reside in the apartment even if the OPs delivers the possession of the same to him in the near future. Hence the complainants wish refund of the amount paid by them along with interest so that they can purchase another house.

(v) The buyers are suffering from the tremendous financial losses as they are forced to live in rented accommodation/pay EMIs without getting the benefit of the flat. It is alleged in the complaint that the act and omission of the OPs fall under the definition of unfair trade practices and restrictive trade practices within the ambit of Consumer Protection Act, 1986 for which buyers should be adequately compensated. There are malpractices on the part of OPs to take money from the buyers and use it elsewhere and delay the project unreasonably for their wrongful gains causing wrongful losses and injuries to buyers including the complainant

4. OP-1 in their written statement/reply stated that:—

(i) The OP-1 in their written statement/reply has stated that OP-1 is a company incorporated under the Companies Act 1956, an