ORDER

Heard Ms. Reena Rao, Advocate and Mr. Sandiv Kalia, Advocate, for the complainants and Mr. Gautam Mishra, Advocate, for the opposite parties.

2. Ms. Reena Rao and Mr. Anirudha Sengupta have filed above complaint for directing the opposite parties to (i) obtain completion certificate/occupation certificate, execute conveyance deed and hand over possession of the villa allotted to them; (ii) pay delay compensation in the form of interest @ 18% per annum compounded annually on the amount deposited by them from due date of possession till the handing over possession; (iii) reimburse Rs.5,25,500/- of the rent and Rs.45,000/- as shifting charges incurred by them due to delay in delivery of possession; (iv) pay Rs.10 lacs as compensation for mental agony and harassment; (v) complete all the amenities and facilities as per brochure and provide it to them and other residents; (vi) complete the fitting and fixture in the villas as provided in the brochure; (vii) cure structural defect of car parking slot, which should be of an appropriate size where a decent sedan can be parked with access to the passengers to open doors and come out like the one provided with 142 sq. yd. villas; (viii) not to change the layout plan without intimation and consent of at least 2/3 majority of buyers; (ix) pay Rs.75,000/- as litigation cost; and (x) any other relief which is deemed fit in the fact of the case.

3. The complainants stated that Panchsheel Buildtech Pvt. Ltd. (OP-1) was a company registered under the Companies Act, 1956, Mr. Ashok Chaudhary (OP-2) was it chairman and Mr. Anuj Chaudhary (OP-3) was its director, who were actively involved in day to day activities of construction and administration of the company. The OPs launched a group housing project of villas and flats in the name of “Panchsheel Villas” at Plot no. GH-01A, Sector 16, Greater Noida, in the year 2010. In the brochure, the OPs published that 480 villas of 2BHK and 3BHK would be constructed in the project, which would be fully loaded luxury villas, equipped with all modern facilities. Although in the brochure, the price of villa of 120 sq. yd. was mentioned as Rs.55,73,025/-, but, when the complainants went to book the villa, they were informed that the price of the villa was increased to Rs.70,02,137/-, due to the order of Allahabad High Court enhancing the compensation in the land acquisition cases. Believing upon the representation of the OPs, the complainants booked Villa no.130, 3BHK type II, size 120 sq. yd. and deposited Rs.7,00,214/- on 27.04.2012, as at that time 10% of the total price had to be deposited as booking amount. Later on, the OPs raised a demand of Rs.3,43,132/- through email dated 28.09.2012, which was protested by the complainants through email dated 09.10.2012, but, the OPs declined to hear anything, therefore, this amount was deposited on 01.05.2013. Thereafter, the OPs issued allotment letter dated 31.07.2013, allotting Villa type II, Unit no. 130, size 120 sq. yd., in the project “Panchsheel Green II”. The allotment letter contains three types of payment plan. The complainants opted for ‘down payment plan’, under which, 15% of BSP+PLC had to be deposited at the time of booking, 80% of BSP+PLC within 45 days of booking and 5% of BSP+PLC+IFMS + other charges at the time of offer of possession. The OPs provided 5% rebate in this plan. The OPs issued a credit note dated 11.07.2013 in favour of the complainants, adjusting 5% rebate in their account. The complainants deposited balance amount time to time and Rs.66,75,793/- upto 05.08.2013 (including 5% rebate), i.e. 95% of consideration was deposited. As per allotment letter due date of possession was 36 months from date of booking or sanction of plan from authority, whichever is later, subject to receipt of entire basic sale price, extra charges, registration charges and any other charges. The complainants booked the villa on 27.04.2012, therefore, due date of possession expired on 26.04.2015, but, th