JUDGEMENT

1. The present complaint has been filed by the Complainants before this Commission alleging deficiency of service and unfair trade practice by the Opposite Party and has prayed the following reliefs:

a) “ Direct the Opposite Party to hand over peaceful physical possession Alongwith development of internal services such as Laying of roads", Laying of water lines", Laying of sewer disposal lines, Electricity supply" as of the plot No. E-089, measuring about 172 sq. yards (143.81 sq. mtr. Approx.) in the colony named at "Parsvnath City" at Indore, Madhya Pradesh to the Complainants as per Plot-Builder agreement dated 10.07.2008.

b) Direct the Opposite Party to execute sell deed and all other necessary documents of the respective plot of the Complainants in their favour.

c) Direct the Opposite Party to pay compensation to the tune of Rs.10,00,000/- (Rupees Ten Lakhs only) to the Complainants towards financial loss, physical harassment, mental agony and inconvenience caused to them.

d) If at all the Opposite Party is not in position to deliver the possession of the plot and execute sell deeds and other necessary documents of the respective Plot of the Complainants in their PAGE 3 OF 10 favour, in that case direct the opposite party to return the entire deposited amount to the respective Complainants with interest @ 24% per annum.

e) Direct the opposite party to pay charges towards delay in possession @Rs.10/- per sq. ft. of super area per month to the complainants.

f) Direct the Opposite Party not to sell, alginate, transfer, mortgage the respective Plot of the petitioner to any other person or persons and restrain the Opposite Party not to create any third party interest over plot of the complainants, in the interest of justice.

g) Award the cost of litigation in favour of the Complainants and against the opposite party.

h) Direct the Opposite Party not to leave the country without prior permission of this Hon'ble Commission.

i) Pass such other or further order or orders as this Hon'ble Forum may deem fit and proper in the facts and circumstances of the case.”

2. Brief facts necessary for the adjudication of the present complaint that the Complainants jointly booked a plot bearing no. E-089 admeasuring 172 sq.

yards in the colony named “Parsvnath City” situated at Indore, Madhya Pradesh for the total consideration of Rs. 8,34,372/-. Thereafter, the Plot Buyer Agreement dated 10.07.2008 was executed between the contested parties. As per the said agreement, the Opposite Party assured the Complainants to develop the project and shall deliver the possession of the plot in question within 24 months i.e. on or before 10.07.2010. However, the Opposite Party failed to deliver the possession of the plot the Complainants.

Further, the Complainants made numerous visits to the office of Opposite PAGE 4 OF 10 Party and requested the Opposite Party to handover the possession of the plot but the Opposite Party did not give any heed to the requests of the Complainants. Till date, the Complainants have made a total payment of Rs.7,92,653/- as and when demanded by the Opposite Party for the said plot.

Also, the Complainants went to the construction site and got shocked to see that the development and construction work at the project site is not completed and the Opposite Party is not in the position to handover the possession of the plot to them. Therefore, alleging deficiency of service on the part of the Opposite Party, the Complainants approached this Commission.

3. The Opposite Party has contested the present case and has raised preliminary objections as to the maintainability of the complaint case. The counsel of the Opposite Party contended that the Complainants are not ‘ consumers ’ under the Consumer Protection Act, 1986 as the said plot has been p