ORDER

1.      Heard Ms. Geeta Luthra, Sr. Advocate, assisted by Ms. Shivani Luthra Lohiya, Advocate, for the complainants and Mr. Pinaki Misra, Sr. Advocate, assisted by Mr. Pravin Bahadur, Advocate, for the opposite party.

2.      Rohit Bhayana and Tanveer Bhayana have filed above complaint, for directing the opposite party to (i) direct the opposite party to hand over the possession of the flat to the complainant in the “Primus” Sector 82-A, Gurgaon (Haryana) with all facilities and amenities as agreed to be provided by the opposite party in a time bound manner, (ii) direct the opposite party to pay compensation to the complainant on account of delay in handing over possession of the flat which was to be handed over on 22.08.2015 @12% per annum on the amount deposited by them till the flat is not handed over; (iii) declare that the complainant is not liable to pay Rs.180000/- towards cost of increase in area for additional super area of 30 sq. ft. interest, to pay Rs.171709/- as demanded by the opposite party towards reimbursement of proportionate charges paid/payable by the company for, bulk supply of electric energy, for creating infrastructure and installation @Rs.65.89 per sq. ft., to pay Rs.592292/- as demanded by the opposite party towards gas piping charges, to pay Rs.101082/- as demanded by the opposite party towards value added tax as contingency deposit, to pay Rs.171214/- as demanded by the opposite party towards escalation charges @Rs.65.70 per sq. ft., to pay Rs.65859.16 towards interest levied by the opposite party and to pay Rs.747857.54 as demanded by the opposite party towards service tax vide the final statement of account dated 27.01.2017 being illegal; (iv) direct the opposite party to reimburse the TDS deducted from the compensation payable by the opposite party with interest; (v) declare that the early payment rebate of Rs.51502/- mentioned in the demand letter of 27.01.2017 is applicable to the complainant; (vi) direct the opposite party to refund the sum of Rs.2093892.7 paid by the complainant to the opposite party (under protest) towards the demands claimed by the opposite party vide the final statement of account with interest @18% per annum from the date of deposit till repayment; (vii) declare that the amount paid by the complainant towards final 5% of sale value (Rs.842500/-) was not contractually due on the date demanded or paid; and direct the opposite party to pay interest to the complainant @18% on this amount (Rs.842500/-) from the date of payment till the date of “offer of possession”, (viii) declare that the complainant is not liable to take electricity connection from the opposite arty as provided under Clause 1.15 of the Apartment Buyers Agreement; (ix) grant exemplary compensation of Rs.1000000/- to the complainant for harassment, mental agony, torture, deficiency in services and unfair trade practices adopted by the opposite party; (x) award exemplary costs of the present litigation in favour of the complainant and against the opposite party and (xi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainants stated that DLF New Gurgaon Homes Developers Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of “The Primus DLF Garden City” at Sector 82-A, Gurgaon, in the year 2012 and made wide publicity of its facilities and amenities, such as multi-purpose hall with banqueting facilities, card room, snooker room, Aerobic/Yoga centre, gymnasium with modern equipment, steam & sauna, squash court, tennis courts, mini home theatre/A.V. room, shops, swimming pool with change rooms, separate kids pool etc. Believing upon the representations of the opposite party, the complainants booked a flat and deposited booking amount on 22.02.2012. The opposite par