One-sided contractual terms in real estate agreements constitute unfair trade practices, entitling consumers to refunds and compensation.

1. The present Consumer Complaint has been filed under S.21(a) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants against the Opposite Party, M/s. Ireo Grace Realtech Pvt. Ltd. seeking the following reliefs:
“(a) Allow the present complaint;
(b) Direct the Opposite Party to grant refund of the amount ofRs.1,49,89,816 (Rupees One Crore Forty Nine Lakh Eighty Nine Thousand Eight Hundred and Sixteen Only) paid by the Complainants till date at the rate of 18% from the date of making the payment till the date of refund of the amount;
(c) Direct the Opposite Parties to pay compensation to the tune of Rs. 10,00,000 for the mental and financial harassment faced by the Complainants till date;
(d) Direct the Opposite Party to pay the litigation expenses to the Complainants to the tune of Rs. 50,000 and
(e) Pass such other or further order / orders as may be deemed fit and proper on the facts and in the circumstances of this case.

2. According to the Complainants, the facts of the case are that in response to the Applications invited by the Opposite Party - Developer for allotment of Flats / Apartments in their upcoming Project, “The Corridors” (hereinafter referred to as the ‘Project’) located at Golf Course Extension Road, Sector - 67 - A, Tehsil & District Gurgaon, Haryana, the Complainants had applied for an Apartment on 22.3.2013. Vide Allotment Offer Letter dated 7.8.2013, the Complainants were allotted a Residential Apartment No. CD - B4-08-803 having Super Area of 1966.68 Sq. Ft for a total Sale Consideration of 1,60,44,349.12. It is averred that after one year from the date of booking, the Apartment Buyer’s Agreement (hereinafter referred to “the Agreement”) was entered into between the parties on 7.7.2014. As per Clause 13.3 of the Agreement, the possession of the allotted Apartment was to be handed over to the Complainants within a period of 42 months from the date of approval of the Building Plans with an additional 180 days as “Grace Period”. Clause 13.3 of the Agreement reads as under:
“Subject to Force Majeure, as defined herein and further subject to the allottee having complied with all its obligations under the terms and conditions of this Agreement and not having defaulted under any provision(s) of this Agreement including but not limited to the timely payment of all dues and charges including the total Sale Consideration, registration charges, stamp duty and other charges and also subject to the Allottee having complied with all formalities or documentation as prescribed by the Company, the Company proposes to offer the possession of the said Apartment to the Allottee within a period of 42 (Forty Two) months from the date of approval of the Building Plans and / or fulfillment of the preconditions imposed thereunder (“Commitment period”). The Allottee further agrees and understands that the Company shall additionally be entitled to a period of 180 days (“Grace period”), after the expiry of the said Commitment Period to allow for unforeseen delays beyond the reasonable control of the Company. ”

3. On 22.8.2016, the Complainants requested the Opposite Party - Developer to exchange the allotted Apartment No. CD - B4-08-803 to CD - C11-10-1002 which request was accepted by the Opposite Party Developer vide letter dated 2.9.2016. The consideration paid by the Complainants towards the earlier allotted Apartment was also adjusted by the Opposite Party - Developer against the payment for new exchanged Apartment. According to the Complainants, the Building Plans of the Project had been approved by the Competent Authorities on 23.7