ORDER

1.       Heard Mr. Rajeev M. Roy, Advocate, for the complainants and Mr. Narendra Hooda, Sr. Advocate assisted by Mr. Ritu Raj, Advocate, for the opposite party.

2.      Nitin Agarwal and Mrs. Nikita Agarwal have filed above complaint, for directing the opposite party to (i) pay Rs.21915561/- as delay compensation for delay in handing over possession from 01.01.2009 to 28.01.2012; (ii) refund Rs.794957/- with interest @18% per annum from the date of deposit till the date of refund, charged for excess carpet area; (iii) refund Rs.57/- lacs, with interest @18% per annum from the date of deposit till the date of refund, charged for car parking; (iv) refund Rs.200000/- and Rs.200000/- with interest @18% per annum from the date of deposit till the date of refund, charged as club house maintenance and club house membership; (v) refund excess amount, charged as MVAT; (vi) provide correct accounts and refund excess amount paid by them; (vii) provide a basketball court, badminton court, 3 rooms for various recreational purpose, rooms for activities, leisure and recreation such as gymnasium, spa etc. to be housed in main building itself and the 2 floors on which these facilities were to be housed; (viii) submit yearly audited account to the society relating to the maintenance and not to realize maintenance till submitting audited account; (ix) pay Rs.1000000/- as compensation for expenses incurred in communication on telephone, legal notice, mental agony and harassment; (x) pay Rs.200000/-, as litigation costs; and (xii) any other relief which is deemed proper in the fact of the case.

3.       The complainants stated that The Bombay Dyeing & Manufacturing Company Limited (the OP) was a company, registered under the Companies Act, 1866 and its Real Estate Division was engaged in the business of development and construction of group housing projects. Jeh N. Wadia (OP-2) was its Managing Director and Durgesh Mehta (OP-3) was its Joint Managing Director. The OP launched a very elite high standard premium residential project of 38 storied tower in the name of “Springs I”, at Spring Mills, Dadar (East), Mumbai in 2006 and wrote an invitation letter dated 25.09.2006 to the complainants, considering them to be the cream de la cream of Mumbai for purchasing the flat. The brochure of the OPs represented as ‘The first golden rays of dawn, Sing nature’s pleasing song, turn into mother nature’s speech and enjoy recreation within. Spring is brought to you by the Wadia Group responsible for landmarks such as Samudra Mahal, Beach Tower and Twin Towers. It is built with the hallmark value of trust and integrity that have delighted customers for walkover a hundred fifty years. Sun deck was displayed prominently in the brochure. As per plan to be approved was a “Wrap-around Sun Deck”, a special feature, lending character and built to the apartment besides balcony for sun bathing. The OP gave an invitation letter dated 25.09.2006 to the complainants for booking a flat in the project. In the invitation letter, the OP mentioned ‘Fitted with imported modular kitchen’, ‘Italian marble/wooden flooring’, ‘Ready to use wardrobe in every bedroom and walk-in wardrobe in master bedroom’, Rain shower and a 2 person Jacuzzi tub in every master bedroom bathroom’, All sanitary, electrical and light fittings of high end or reputed imported brands in every flat and premium quality finishes in every flat’. In brochure, additional amenities of a basketball court, badminton court, 3 rooms for various recreational purpose, rooms for activities, leisure and recreation such as gymnasium, spa etc. to be housed in main building itself and the 2 floors on which these facilities were to be housed, natural land escaped garden and matured trees, jogging track, the building of 34 floor etc. were promised. At the time of booking during negotiation, sun deck area was presented as a private sit-out area of the flat owners. High class amenities and facilities mentioned and the class of