JUDGMENT

Per: Hon’ble Mrs. Dr. Nisha Amol Chavhan, Member

1. The present Consumer Complaint No. CC/233/2021 is filed under S.47 of the Consumer Protection Act-2019. (The ‘C.P. Act’for short) by the complainants against Opponents.

2. The brief facts of the case of complainants that they are flat purchasers who are retired senior citizens and have used the money from their provident fund earned after their retirement. Opponent No. 1 is the entity who has issued several receipts to the Complainants, and has issued Allotment Letter. Opponent No. 2 is the entity who have been dealing and communicating with the Complainants. Opponent No. 3 is the entity who has issued several receipts to the Complainants, and has issued Application Letter and Allotment Letter. Opponent No. 4 is mentioned as the Promoter and has registered the project on Maharashtra Real Estate Regulatory Authority's website.

3. The case of Complainant that they approached the opponents for booking a flat in the year 2015, for their residence. For that he booked a 3-BHK Flat No. 4002 (of 2015 sq. ft.) in the "West Wing- 2" in the building "World Crest" in the project named "World Towers" of the Opposite Party No. 2 at Lower Parel, Mumbai, along with two 4-wheeler parking, by making payment of Rs. 18,00,000/-. The total consideration for the flat was Rs. 12,22,22,160/- exclusive of maintenance, stamp duty and other charges and Rs. 13,92,74,963/- The possession was to be delivered in December, 2015 as per oral submission. However, the Allotment letter failed to mention any possession date.

4. Complainants stated that they had booked the flat under a "20:80" payment scheme as a special offer during "Akshay Trithiya", and said scheme was confirmed by a representative of Opposite Party No. 2, namely Mr. Kingshuk Mazumdar in an e- mail dated 06/10/2016. Complainants would be able to take possession only after due notice and opportunity to them to sell their existing flats for booking with Opposite Party No. 2. Specifically, the Complainants would finance latter 80% of the total consideration after selling off their existing accommodations in order to raise funds.

5. Complainants stated that he received "Allotment Letter" on dated 19/05/2015 for the First Flat. Till date, there was no communication from Opposite Party No. 2 on status of construction, as well about delivery of the flat. In fact when complainants inquired about date of delivery/possession, the representative of Opposite Party No. 2, requested for 3 months more time and promised to deliver the same by March 2016.

6. Complainants further stated that opponents did not give the possession in time therefore he wanted to exit the project, since their daughter's marriage was planned in early 2016 But the representative of the Opposite Party No. 2 namely Mr. Kingshuk Majumdar, in or around January 2016, insisted the Complainants to consider shifting their booking from the First Flat to another project of the Opposite Parties, namely, a flat in the building named Marquise in the project named "The Park" in and around the same Worli area introduced a new flat 4-BHK, more premium flat with three Garages for an approximate consideration value of Rs. 8 Crores exclusive of maintenance, stamp duty and other charges. The Complainants were given to understand that the cost inclusive of maintenance, stamp duty and other charges would not exceed Rs. 10 Crores and possession date of the second flat was verbally promised in May/June 2018.

7. The Complainants stated that the per square foot rates of the First Flat and the Second Flat was approximately the same, i.e., approximately Rs. 69,000 per square foot and Rs. 68,000/- respectively. Even in the Second Flat, the Complainants were getting an extra bedroom and one more parking for the similar per- square-foot rate. At the request and arrangement made by Mr. Majumdar, the Complainants and the Opposite Party No. 2's representatives held a meeting on 28/03/2016 to discuss the chang