Opposite parties cannot forfeit earnest money when they violate statutory provisions of advance acceptance under Real Estate Regulation and Development Act.

1. Heard Mr. Uchit Bhandari, Advocate, for the complainants and Mr. Divij Kumar, Advocate, for the opposite party - 1.

2. Anil Kumar Appan, Dilip Raj and Mrs. Lalita Rani have filed above complaint, for directing the opposite parties to (i) refund Rs.59,53,370 with interest @15% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.5,00,000, as costs of litigation; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainants stated that M/s. A.R. Land craft LLP (opposite party - 1) was a limited liability partnership firm and the promoter of the project. M/s. Godrej Properties Limited (opposite party - 1) was a company, registered under the Companies Act, 1956 and the owner of the project land. The opposite parties were engaged in the business of development and construction of group housing project and launched a group housing project in the name of "Godrej Golf Links Court" at Plot No. REP - 1, Sector - 27, Greater Noida in the year, 2016. The employee of the opposite parties approached complainant - 2 on phone and informed about the project and called him at their temporary office at Sector - 16, Noida, for examining detail features of the project. On discussion, they persuaded the complainants for booking a villa. Believing upon the representations of the opposite parties, the complainants booked a villa in October, 2016 and deposited booking amount of Rs.5,00,000 through cheque dated 28.10.2016. Opposite party - 1 allotted Villa No. 22. Which was changed as Villa No. 32, with mutual consent and for that purpose the opposite party obtained fresh booking application on 14.2.2017. Gross Amount Payable (GAP) for the villa was Rs.2,80,86,850 and 10% of the GAP was payable within 45 days of booking. The complainants paid Rs.22,32,052 on 5.4.2017, Rs.2,16,547 on 5.4.2017, TDS of Rs.28,087 on 5.5.2017, Rs.27,04,082 on 1.7.2017, Rs.2,44,634 on 1.7.2017 and TDS of Rs.27,970 on 4.8.2017 (total Rs.59,53,372). The opposite parties issued Allotment Letter dated 17.7.2017, in which GAP was mentioned as Rs.2,80,86,850 +taxes. The opposite parties issued another Allotment Letter dated 17.7.2017 (sent on 25.7.2017), in which Rs.41,30,330 has been increased for GAP. Clause - 5 of the allotment letter mentioned that allotment is further subject to paying the requisite stamp duty and registration charges and registering the agreement for sale within 15 days, failing which allotment was liable to be cancelled. The complainants inquired about the agreement, stamp duty payable on it and registration charges and other expenses. Opposite party - 1, through email dated 24.7.2017, informed that their office was processing all these things. Opposite party - 1, through letter dated 4.1.2018, demanded other instalment of 20% of GAP. The complainants informed that they had to take home loan from Bank of India, for which, agreement for sale would be necessary. Opposite party - 1, through email dated 5.1.2018, informed that they were processing the agreement for sale which would be received within short period and to ask the banker to remain in their touch. They again, through email dated 5.1.2018, demanded next instalment of 20% GAP, i.e. Rs.63,08,656.45. The complainants wrote an email dated 5.1.2018, protesting the demand without execution of the agreement for sale. Opposite party - 1, through emails dated 6.1.2018 and 8.1.2018, informed that they had started dispatching the agreement. The complainants, through email dated 8.1.2018, requested to refund their amount as Rs.41,30,330, as GAP was enhanced, vide letter (dispatched on 25.7.2017) and Opposite party - 1 was insisting to deposit second instalment without execution of the agreement. Opposite