ORDER

1.      Heard Mr. Ajit Sharma, Advocate, for the complainants and Mr. Sukumar Pattjoshi, Sr. Advocate, assisted by Mr. Paras Choudhary, Advocate, for the opposite party.

2.      Mukul Pareek and Shipra Pareek have filed above complaint, for directing the opposite party to (i) refund Rs.13816458/- with interest @18% per annum, compounded quarterly from the date of respective deposit till the date of refund; (ii) pay Rs.5/- lacs, as compensation for mental agony and harassment; (iii) pay compensation at the rate of Rs.10/- per sq.ft. per month on super area, in terms of Clause-7.2 of the allotment letter; (iv) in alternative, handover possession of the apartment along with interest @18% per annum on the deposit of the complainants w.e.f. November, 2013; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainants stated that M/s. Jaiprakash Associates 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 projects and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of “Knights Court”, at Jaypee Greens, Sector-128, Noida, Uttar Pradesh, in the year 2010 and made wide publicity of its facilities and amenities. Believing upon the representations and promises of the opposite party, the complainants booked a flat in above project on 31.08.2010 and deposited booking amount. The opposite party issued Provisional Allotment Letter dated 19.11.2010, allotting Unit No.KGT-8-1502, super area 2700 sq.ft., for total consideration of Rs.14338000/-, to them. Annexure V of the allotment letter contained ‘Payment Plan’, under which Rs.1169876/- was booking amount, Rs.12301999/- was payable on or before 20.12.2010 and Rs.1245625/- was payable on offer of possession. The complainants made payment of Rs.13816458/- till 02.12.2010. The opposite party, vide email dated 12.12.2010, informed that under Special Incentive Scheme, the complainants would be paid 1% discount on the amount deposited on 02.12.2010 and it would be adjusted at the time of offer of possession. Provisional Allotment Letter provides 36 months period for delivery of possession. Due date of possession as per allotment letter was on or before 18.11.2013 but the opposite party through email dated 02.05.2012, unilaterally shifted due date of possession as March, 2015. The opposite party issued an amended Provisional Allotment Letter dated 03.11.2012, in which, consideration was revised to Rs.16565500/-. The complainant, through email dated 28.11.2014, sought for information about expected date of possession. The opposite party, through email dated 06.10.2015, informed that the Tower, in which the complainant were allotted flat, would be likely to be ready for possession by mid of 2016. The complainants again through email dated 17.10.2016, sought for information about due date of possession, then the opposite party, through email dated 02.11.2016, informed the internal plaster work was going on. The opposite party published Press Note on 12.05.2017, in which, possession of Tower-8 was shown as March, 2019. Then this complaint was filed on 21.09.2017, alleging deficiency in service.        

4.      The opposite party has filed its written reply on 09.03.2018, in which, material facts, relating to booking of the flat on 31.08.2010, issue of Provisional Allotment Letter dated 19.11.2010 and deposit of Rs.13816458/- till 02.12.2010 by the complainants, have not been disputed. The opposite party pleaded that due to force majeure reasons the construction of the unit was delayed, namely (i) The farmers raised violent protest against land acquisition and possession of the acquired land, due to which development of infrastructure and construction could not be started for a long time. Ultimately Government of U.P. directed for payment of 64.7% additional compensation