Per Shri A.Z.Khwaja, Hon’ble Presiding Member.

1)       Complainant has filed the present complaint under section 17 of Consumer Protection Act 1986 for claiming vacant possession of flat and also for compensation and alternatively for refund of the amount of consideration. Short facts leading to the filing of the present complaint may be narrated as under :- 

2)      Complainants Nos.1 to 3 claims to be resident of Trimurti Nagar, Nagpur. Complainants desired to purchase one flat at Nagpur and there was huge publicity by O.Ps. regarding their Sahara Housing Scheme. O.Ps. are the companies engaged in the business as builders and developers. O.P.Nos 1 and 2 have developed the housing scheme at Nagpur Wardha Road known as Sahara City Homes and selling flats, and independent row houses. Complainant therefore approached the O.Ps.  and booked one flat/unit consisting three bed rooms bearing No.C-8/106 admeasuring 135.25 sq.mtr on first floor and price of the unit was fixed at Rs.26,93,065/-. Earlier the said flat was booked in the name of Sangeeta Agrawal on 15/03/2005. But thereafter the flat was transferred in the name of complainant. Complainants have contended that as per the terms and conditions they had paid the entire cost of Rs.26,93,065/-.  Complainants have contended that  they have paid full consideration of the unit and so the O.Ps. ought to have delivered the possession by November 2011, but even after laps of 44 months O.Ps. have not deliver the possession nor complete with the construction. O.Ps. was given assurances that the unit was under construction. Complainant therefore issued three notices to O.Ps. on 28/05/2012, 28/09/2013 and 16/02/2015, but there were no response from O.Ps. Complainant on numerous occasions made enquiries with the O.Ps. regarding possession of the property. Complainant has invested his hard earned money, but the O.Ps. did not carry out the construction as per plan and also did not hand over the possession and complainants have facing harassment from last four years since 2011. Complainants have therefore compelled to file the present complaint with the prayer to direct the O.Ps. to deliver the possession of the flat and execute the sale deed. But during the pendancy of the complaint the present complainant has waived his right and has only claimed refund of amount of Rs.27,54,627/- alongwith penal interest  @ Rs.18 % p.a. and Rs.2,00,000/- towards physical harassment  and mental agony, so the present complaint.  

3.      The O.P.No.1 to 3 have appeared  and resisted the complaint  by filing their common written version.  At the  outset  the O.Ps. have taken a plea that  the complainant had booked the present unit  with the sole intention  to earn profit  and so they  do not come  within   purview   of  definition  of the term ‘Consumer’ under the Consumer Protection Act, 1986. The O.Ps. have also taken a specific plea that  their  contract