Consumers are entitled to compensation for failure to deliver purchased flats, establishing cause of action despite multiple properties booked.

1. The present complaint on being returned by the district Forum vide order dated 16.4.2018 has been filed by the complainants before this Commission under S.12 of the Consumer Protection Act, 1986 alleging deficiency of services by the opposite party and has prayed as under:
(a) Restrain the O.P from demanding the alleged interest of Rs.3,54,066 (against Flat No. 1905) and Rs.3,45,655 (against Flat No. 1906) or any other amount as interest on the alleged non - payment of instalments allegedly w.e.f. June 2010.
(b) Direct the opposite party to issue Allotment letter and handover the possession of the said Flat Nos. F - 1905 and F - 1906 in Supertech Livingston situated at Crossing Republic, NH - 24, Ghaziabad, U.P., with all the promised amenities and facilities and transfer the ownership rights of the same in favour of complainants.
(c) Direct the OP to pay an interest @ 24% p.a. upon the amount of Rs.4,35,130 lying with the OP for the period of delay of handing over the possession of the said flats to the complainants or to adjust such interest in the balance amount of the total sale price of the said flats.
(d) Direct the opposite party to pay a consolidated punitive compensation of Rs.5,00,000 towards loss of time and opportunity and expenses made by the complainants on visits, calls and follow up with OP, and towards the stress, duress, anxiety and mental agony suffered and the trauma undergone by the complainants as result of OP's illegal and mala fide acts and omissions and unfair trade practices.
(e) Grant litigation expenses to the tune of Rs.50,000 in favour of the complainants and against OP.

2. Brief facts necessary for the adjudication of the present complaint are on 4.4.2010 complainants booked a Flat i.e. 1701, measuring 1,425 sq. ft. on 17th Floor in Tower - B of Supertech Livingston Project at Crossing Republic, NH - 24, Ghaziabad, U.P. Thereafter, officials of OP telephonically informed the complainants that the aforesaid flat was already allotted to some other person and due to non - working of SAP of computer of OP the booking of complainants was mistakenly accepted against the aforesaid flat. However, the officials of the OP requested the complainants to choose another flats in lieu of the aforesaid flat and proposed to adjust the booking amount accordingly. Accordingly, two adjacent flats bearing Nos. F - 1905 and F - 1906 were chosen by the complainants keeping in view the future requirements of the family. The possession of the said flats was assured to be given by the OP in August 2012. OP shockingly issued a payment plan wherein he had demanded Rs.3,54,066 (against Flat No. 1905) and Rs.3,45,655 (against Flat No. 1906) on account of interest on alleged non - payment of installments. OP further refused to issue allotment letter / buyer agreement unless the complainants pay the hefty illegal amount of interest.
The complainants over the time had paid a sum of Rs.4,35,130 to the OP as and when demanded by him. The complainants also sent a notice dated 23.5.2012 to the OP asking for the issuance of allotment letter, payment schedule, monthly installments from the date of booking of the flat No. 1905 and 1906 and exclude the interest illegally charged but it is of no avail.

3. During the course of the proceedings, notice was issued to the OP on 10.6.2013, the Counsel for the OP appeared on 17.10.2013 and the copy of complaint was supplied to him. Subsequently, the OP neither appeared nor filed his written statement within the statutory