Consumers are entitled to relief for gross negligence in service delivery as per the Consumer Protection Act.

1. Final Hearing through Virtual Mode.

2. The instant consumer case has been filed by the complainants against the opposite party praying for execution and registration of the deed of conveyance, delivery of possession of the flat in habitable condition, compensation, cost etc.

3. (2.) The brief fact of the case is that the complainants are the resident of Haryana. The complainants entered into an agreement for sale with the opposite party on 20.9.2011 for purchase of a residential flat. As per terms of the said agreement, the total consideration amount has been fixed for Rs. 35,99,659. The complainants already paid Rs. 28,89,594 as part payment of the consideration amount. A sum of Rs. 7,30,930 becomes due and payable by the complainants towards full and final payment. The extra charges is to be borne by the complainants as per terms of the agreement and as such total sum of Rs. 10,67,297 becomes due and payable by the complainants to the OP As per agreement, the construction of flat would be completed within 30.9.2013 which may be extended for the further period of 6 months, i.e. on or before March, 2014 the construction work would be completed. But even after expiry of the said time limit, the op did not take any steps for execution and registration of the deed of conveyance. On several occasions the complainants informed the matter to OP through letter dated 30.10.2015, 27.11.2015 and 25.10.2016. But the OP wilfully neglected to provide any reply to the complainants. At present, the complainants along with their daughter resided at Haryana paying rent of Rs. 33,500 per month. It is stated that the complainants are entitled to get a sum of Rs. 17,92,116 towards loss suffered by the complainants on account of wilful failure and deficient service on the part of OP. Hence the case.

4. The Opposite Party contested this case by filing written version stating inter alia that the OP entered into an agreement for sale with the complainants in respect of the said flat on terms and conditions contained in the said agreement. It is also stated that the construction of such a big project is depended upon the various factors as well as sanctions and permissions granted by the different authorities. In the present case, due to labour problem, the construction work became belayed. It is also stated that the complainants have failed and neglected to make payment of instalments as per the agreement. The Opposite Party issued notice of possession dated 25.2.2017 thereby calling upon the complainant No. 1 to take the possession of the flat upon payment of the dues consideration amount. However, the complainants did not turn up to take physical possession of the flat. It is categorically stated that the aforementioned worst situation which was beyond the control of the Opposite Party and as such the OP could not complete the construction work within time. But the OP is now ready to execute and register the deed of conveyance in respect of the subject flat in favour of the complainants. So the present complaint is vexatious and frivolous one and as such it is liable to be dismissed with cost.

5. At the time of hearing learned Counsel for the complainants urged that the complainants entered into an agreement for sale with the opposite party on 20.9.2011. The complainants have already paid Rs. 28,89,594 out of total consideration amount of Rs. 35,99,659 . The balance consideration amount of Rs. 7,30,930 would be payable by the complainants. In addition to that the complainants shall have to pay of Rs. 10,67,297 in respect of extra charges to be borne by the complainants and they are interested to pay the same to the op company. As per Consumer Protection Act the complainants are to be treated as Consumers.