1.       Heard Counsel for the Parties.

2.       The instant Complaint filed for directing the Opposite Party to (i) refund Rs.56,80,818/- with interest @24% per annum with effect from the date of respective deposit till the date of refund; (ii) pay Rs.19,26,510.99 on account of interest on the said amount calculated;  (iii) pay compensation @5% per month on the deposit of the Complainants per Super Area; (iv) pay Rs.1 Crore as compensation for mental agony and harassment; (v) pay Rs.5,00,000/- as cost of litigation cost; and (vi) any other relief which deems fit and proper in the facts and circumstances of the case.

3.       The Complainants stated that M/s. Eldeco Infrastructure & Properties Ltd.  was a Company registered under the Companies Act, 1956, and engaged in the business of development and construction of group housing projects. The Opposite Party launched a group housing project in the name of “Eldeco Inspire’ at Sector 119, Noida, District Gautam Budh Nagar, Uttar Pradesh, in the year 2012. On coming to know about it, the Complainants applied for allotment of a flat on 29.01.2013 and deposited the booking amount. The Opposite Party vide letter dated 14.03.2013, allotted Unit No.IN-3/1103, Floor 11, Type P Block IN3, Super Area 116.6 sq. mtrs. (1255 sq. fts.) and basic cost of which was Rs.53,80,687/-. The Opposite Party executed an agreement in favour of the Complainants on 29.03.2013. The payment plan was ‘Construction Linked Payment Plan’. Clause (C) of the agreement provides 36 months period, from the date of receipt of building plan from the concerned authority, for completion of the project with grace period of six months. As per demand of the Opposite Party, the Complainants have deposited Rs.56,80,818/- upto 25.08.2014, but the Opposite Party has failed to complete the project till due date. The Opposite Party issued demand notice/offer of possession through letter dated 27.06.2019, in which they have demanded Rs.8,55,133/- payable within 30 days. After receiving the demand notice, the Complainants visited the site and found that the construction was not complete and was not in habitable condition. The demand was raised only for the purpose of securing deposit of the money. Therefore, the Complainants had given a legal notice to the Opposite Party on 24.09.2019 for refund of his money. In spite of service of notice, the Opposite Party did not respond. Then this Complaint was filed on 08.11.2019.

4.       The notice issued in the Complaint was served upon the Opposite Party on 21.05.2022. But they have failed to file their written reply within statutory period of 30 days as provided under Section 13(2)(a) of the Consumer Protection Act, 1986, now replaced by Section 38(2)(a) of the Consumer Protection Act, 2019, expired on 20.06.2022 and the period of 15 days, within which the written reply can be filed along with an application for condonation of delay, expired on 05.07.2022. Therefore, their right to file reply was closed on 10.11.2022.  The Complainants were asked to file Affidavit of Evidence and they filed Evidence by way of Affidavit of Arvind Kumar Agarwal. Both the parties have filed written synopsis.

5.       I have considered the arguments of the Counsel for the Parties and examined the record. Booking of the apartment and deposits made by the