JUDGMENT

A.Z. Khwaja, Judicial Member—Complainants namely Mr.Alan Fernandes and Mrs.Venicia Fernandes, resident of Ghatkopar(W), Mumbai, have preferred present complaint under the Consumer Protection Act, 1986 alleging deficiency in service. Complainant Nos.1 and 2 have contended that they were consumers of opponents. Opponent No.1 -M/s.Vaastu Developer (Heeral) claims to be builder /developer engaged in the business of construction of project for housing. On 28/06/2011, complainants were attracted by the promotion of opponents project namely ‘Vastu Pearl’, located at, village Village Asalpha, Taluka Kurla, Mumbai. Complainants made enquiry from Mr.Balchandra Narayan Todankar of opponents and decided to book residential flat i.e. flat No. 502 admeasuring 688 sq.ft on the 5th floor, of building ‘Vastu Pearl’ being constructed by the opponents on the plot bearing number 17, Hissa No. 10 of Village Asalpha, Taluka Kurla, Mumbai Suburban District. Complainants have contended that opponents promised them that the project would be ready for delivery on or before January 2013 and the possession would be given on the stipulated date. Complainants have also stated that the letter of allotme