ORDER

Sudip Ahluwalia, Presiding Member—This Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986, seeking refund of Rs.53,84,328/- along with interest at the rate of 18% p.a. from the respective dates of payment till the date of filing of the complaint, totalling to Rs.2,18,86,850/-, and other ancillary reliefs.

2. The brief facts leading upto the present Complaint are that the Opposite Party had contracted/undertaken to render service of Housing Construction to the Complainants by developing and delivering residential premises in an upcoming group residential complex, namely KRESCENT Homes Project situated at Jaypee Greens, Noida. It is the case of the Complainants that based on representations of the Opposite Party, they booked a Flat for a total consideration of Rs.56,45,580/- in the said project, and paid Rs.3,50,000/- as booking advance. It is further averred that the Complainants were subsequently allotted a Flat bearing No. KRH0080404 having a super area of 114.27 sq. mtrs. in the said Project, vide Provisional Allotment Letter dated 29.11.2011 which also stated that the possession was to be handed over within 42 months i.e., by 29.05.2015. It is further pleaded that the Provisional Allotment Letter was wholly one-sided, containing unilateral, exploitative and untenable terms. It is further contended that the Complainants had paid Rs.53,84,328/- till the date of filing of the present complaint.

3. It is further their case that insolvency proceedings were initiated against Jaypee Infratech Limited under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as IBC) vide order dated 09.08.2017 passed by NCLT, Allahabad, and an Interim Resolution Professional (hereinafter referred to as IRP) was appointed for the Company. It is further averred that claims were invited from all the creditors of the company by way of a public announcement dated 10.08.2017 and accordingly, the Complainants also submitted the requisite form. However, no amount has been received by way of the said proceeding. It is submitted that whenever the Complainants visited the Opposite Party, they were asked to wait for more time for the possession and vide newspaper report dated 18.04.2017, the Executive Chairman and CEO of Jaypee Group assured that the housing units will be delivered by 18.04.2020. It is also submitted that till filing the complaint there has been no outcome of the insolvency proceedings, and the complainants being hopeful of either getting the Flat or their refund from the said insolvency proceedings were prevented from filing the Consumer Complaint earlier. The Complainants have therefore filed the present complaint, having lost hope and interest in the Project, and being aggrieved by the failure of the Opposite Party in giving possession of the Flat, and causing inordinate delay in construction of the Flat. It is further averred that the Complainants are ‘Consumers’ under the Consumer Protection Act.

4. Furthermore, the case of the Complainants is that the Payment Demand Notice dated 30.11.2011 was issued by Jai Prakash Associates Limited and the Invoice by Jaypee Infratech Ltd.; Provisional Allotment Letter is signed and executed by Jai Prakash Associates Ltd. and Jaypee Infratech Ltd. Permission to mortgage dated 30.12.2011 and Quadripartite Agreement dated 28.12.2011 were also signed and executed by Jaiprakash Associates Ltd. and Jaypee Infratech Ltd. Hence, it is submitted that the Complaint is maintainable against Jaiprakash Associates Ltd. and the Complaint does not suffer from any defect on Non-joinder of necessary parties. The Complainants have further relied upon the judgement of this Commission dated 01.10.2019 in ‘Anish Singhal v. Jaiprakash Associates Limited & Anr’ and judgement of this Commission dated 14.02.2020 in ‘Rabinder Man Verma v. Jaiprakash Associates Limited Anr’.

5. Hence, the complaint was filed, as the Complainants were aggrieved by the inordinate delay of mor