IN THE MATTER OF

1. MRS. LEENA SOOD,

W/O MR. VINOD KUMAR,

2. MR. VINOD KUMAR,

S/O LATE MR. C.L. SOOD,

BOTH R/O:

R/O: B-98, HARI NAAGAR,

NEW DELHI-64.

(Through: Mr. Varun Kathuria, Advocate)

...Complainants

VERSUS

ARN INFRASTRUCTURES PVT. LTD.,

THROUGH ITS CHAIRMAN/MANAGING DIRECTOR,

9, BIRLA HOUSE, ARYA SAMAJ ROAD,

KAROL BAGH, NEW DELHI-110005.

(Through: Mr. Vivek Singh &

Ms. Eesha Shonak, Advocate)

...Opposite Party

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: None for the Complainant.

Ms. Eesha Shonak, Counsel for the OP appeared through VC.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, (PRESIDENT)

JUDGMENT

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

“a) direct the Respondent/Opposite Party to handover vacant and peaceful possession of the site, complete in all respects to the Complainants;

OR IN ALTERNATIVE

a) direct the Respondent/Opposite Party to pay to the Complainants a sum of Rs. 47,50,000/-, to the Complainants, as penalty, incorporated in the MOU executed between the parties, together with interest @ 18% per annum from the execution of MOU till date of realization;

b) direct the Respondent/Opposite Party to pay a sum of Rs. 20,00,000/- to the Complainants, as compensation on account of harassment, mental tension, agony suffered by the Complainants;

c) direct the Respondent/Opposite Party to pay a sum of Rs. 15,20,000/- to the Complainants, being the monthly committed return due wef August, 2010, till March, 2013 with pendente lite and future interest @ 18% per annum;

d) direct the Respondent/Opposite Party to pay a sum of 47,500/- each month to the Complainants, wef April 2013, pendente lite till date of handing over of possession of the unit complete in all respects/date of refund along with interest @ 18% per annum;

e) award costs of the present complaint in favour of the Complainants and against the Respondent/Opposite Party;

f) pass such other or further orders, as this Hon’ble Forum may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that the Opposite Party is a Company in the Real Estate Industry and is engaged in the activities of developing, constructing and promoting a project called “The Globus”, on a piece of land measuring 15 acres at plot No. 22, Knowledge Park, Greater Noida, U.P. The Complainants booked/purchased a total area 1000 sq. ft. on the first floor of the said project for a total sum of Rs. 20,00,000/-. At the time of purchasing the said unit, the Complainants were informed by the Opposite Party that the entire complex would be ready and complete in all respects by December, 2009, and till the time, possession of the unit, handed over to them, the Opposite Party undertook to pay to the Complainants an amount of Rs. 47,500/-, less TDS, each month as committed return w.e.f. March, 2008 till the unit is ready for possession/use/occupation. The Opposite Party further undertook that in the event it is unable to give delivery of the unit to the Complainants then the developer shall return to the Complainants an amount of Rs. 47,50,000/-. Based on the above representations, the Complainants paid a total sum of Rs. 17,50,000/- at the time of execution of the MOU dated 15.02.2008.

3. The Complainants have further stated that they have receive the monthly committed returns till July, 2010 and received a letter of completion dated 31.08.2010, wherein the Opposite Party informed them that the project was complete and ready for occupation. The Complainants were asked to visit the office of the Opposite Party for making the balance payment so their unit could be handed over to them. The Complainants then visited the office of the Opposite Party and met Mr. O.P. Sharma who is the General Manag