PER MR SUBHASH CHANDRA

This complaint has been filed under section 21 of the Consumer Protection Act, 1986 (in short, ‘the Act’) alleging deficiency in service and unfair trade practice by M/s Anand Divine Developers Pvt., Ltd., New Delhi, the opposite party, in respect of a residential apartment booked by the complainants in the project “Triumph” in Sector 104, Gurgaon, Haryana, promoted and developed by the opposite party.

2. In brief, the facts of the case are that the complainants had booked a flat in the above project in June 2012 and on 15.09.2012 were allotted residential apartment no. 3221, 22^nd Floor, Tower/ Building no. 3, ad-measuring 2290 Sq ft (super area approximately) along with two car parking for a sale consideration of Rs.1,34,66,750/-. A Buyer’s Agreement (in short, ‘the Agreement’) was executed between the parties on 18.12.2012. As per clause 18 of the Agreement, the opposite party assured to hand over the possession within a period of 36 months from the date of start of the construction with an additional grace period of six months. It is contended by the complainants that according to this clause the date of handing over the possession was 18.06.2016. The