ORDER

Heard Mr. Jay Savla, Sr. Advocate, assisted by Mr. Akshay Sharma, Advocate, for the complainants and Mr. Sameer Kumar, Advocate, for the opposite parties.

2. Dr. Hemant Shah and Mrs. Mita have filed above complaint, for directing the opposite parties to (i) undertake construction of the second plot as described in the second schedule of the property in the agreement to sale dated 05.11.2007, in a time bound manner and handover possession of the premises to the complainants forthwith; or in alternate (ii) refund Rs.87996796/- with interest @24% per annum from the date of respective deposit till the date of refund; (iii) pay damages for deficiency in service; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainants stated that Dr. Hemant Shah (complainant-1) obtained M.D. (Radiology) degree, in 1989 and set up a diagnostic clinic in the year 1994, in an accommodation of 850 sq.ft. at 112-113, Ashoka Super Market, Junction of S.V. Road and Aarey Road, above Bata Showroom, Goregaon (West), Mumbai, from where he used to provides diagnostic services of Digital X-ray, Digital Sonography, Whole Body Colour Doppler Sonogr