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)      Complainant Rajendra Mahadole claims to be an advocate. Complainant desired to purchase one flat at Nagpur in the year 2008 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, tenements and penthouses. Complainant therefore approached the O.Ps.  O.Ps. were ready to transfer the unit of one Vijay Adatiya and  accordingly the unit was transferred in the name of complainant on 18/07/2008. Complainant thus booked residential unit No.A2/403 admeasuring  66.25 Sq.Mt. on the 4^th floor and the total cost was Rs.13,19,251/- in Sahara City Home Nagpur. Complainant has contended that O.Ps. also issued allotment letter on 18/06/2008. O.Ps. also executed an agreement to sale on 01/08/2008 which was duly registered before the Sub-Registrar Office Nagpur. Complainant has contended that he has paid the amount of Rs.5,40,983/- at the time of agreement to sale and the balance amount of Rs.7,78,268/- was to be paid as per stage wise construction of the apartment. Complainant has contended that he had also applied for housing loan to the State Bank of India branch at Yawatmal and had paid entire cost to the O.Ps. Complainant has paid total amount of Rs.7,58,568/- from time to time as per the schedule of payment. But the O.Ps. failed to handover the possession. Complainant on numerous occasions made enquiry  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. Complainant has contended that the O.Ps. are utilising the hard earned money of the complainant and depriving him of the possession. Complainant has contended that O.Ps. have failed to discharge their contractual obligation and indulged in deficiency in service which is against the provisions of Consumer Protection Act, 1986. Thereafter complainant issued letter to O.Ps. on 23/07/2009 and 2^nd letter on 11/01/2010. But there was no response. Complainant was 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 pendency of the complaint the present complainant has waived his right and has only claimed refund of amount of Rs.7,58,568/- alongwith penal interest