1. The present Complaint is filed under S.21(a)(1) of the Consumer Protection Act, 1986 .

2. The case of the Complainants is that Complainant No. l booked Flat Nos. 503, 603, and 704, on 8.9.2010 for himself and his relatives in Nirala Estate situated at Plot No. GH - 04 Tech Zone - IV, Greater Noida, U.P., by depositing a sum of Rs.50,000 for each flat. Later, Complainant No. l, on behalf of Complainant No. 4, booked three more flats bearing No. 803, 804 and 903 by making a payment of Rs.30,000, vide Cheque No. 590060 on 15.10.2010. Mr. Archit Bansal, on behalf of Opposite Party, assured Complainant No. 1 that although booking of flats were through one cheque, the flats would be transferred to the actual buyers at the time of Allotment Letter / Tri - party Agreement. It was also assured that the builder buyer agreement cum allotment letter would be sent to the Complainants within a week as per the policy of the company. Opposite Party subsequently disclosed to Complainant No. 1 that the land of project was in litigation and as soon as the litigation was over, the Complainants would be allocated flats either in the same project or in another project, depending on the outcome of the