ORDER

       9.1       Important Contentions of Complainants

(a)       The Complainant contended that the OP executed a one sided terms and conditions of the booking and allotment of the unit. Clause 35 of the Terms and Conditions of the Application Form stipulates that the project will be completed and possession of the Unit shall be offered within 36 months with a grace period of 6 months, in case of delay, compensation calculated @ Rs.5 per sq. ft. per month for delay upto six months, @ Rs.7.50 per sq. ft. per month for delay between six to twelve months after expiry of grace period and @ Rs.10.00 per sq. ft. for beyond twelve months. 

(b)       In clause 41 of the terms and conditions of the Application Form entitles that Opposite Parties to levy and recover heft penalty calculated at the exorbitant @ 18% per annum upon any delayed payment by the complainant.

(c)       In the Application Form, no clarity as to the payment plan and commencement date of construction was given which was deliberately kept vague in order to manipulate the home buyers who have invested their life savings to own a house.

(d)       Complainant had made the payments till 2014 before the Opposite Party started the construction of the project. Almost after two years, on 10.07.2014 and allotment letter was issued confirming the allotment of unit in favour of the complainant. Construction of the project was started on 21.04.2014. A Flat Buyers Agreement was executed modifying the terms of the Application Form on 10.09.2019

(e)       Complainant decided to cancel the booking of the said unit and requested to refund the money. On 13.06.2019, Complainant received the letter for terminating the allotment of the unit and forfeiting the amount paid by the Complainant despite being itself at fault.

(f)        The Complainant further submits that the Tower C in which the unit is allotted to the Complainant is not yet ready and the Occupancy Certificate for Tower AS1, AS2, AS3 and EWS was issued on 29.10.2019 only.

       9.2       Important Contentions of OPs

(a)       On 16.04.2019, due to the continuous default by the Complainants, OP was constrained to send a pre-termination letter. On account of the continuous breach, and failure to reply to the pre-termination letter, the Complainants were issued a termination letter dated 13.06.2019. OP contended that they have duly obtained the registration and occupation certificate from the competent authority.

(b)       OP contended that the complaint is beyond the jurisdiction and the Complainant has defaulted in her obligations under the Application Form and the Flat Buyers Agreement. OP-1 has the right to forfeit the amounts in terms of the Application Form.

(c)       OP further contended that the Complainant is not a consumer within the meaning of Section 2 (d) of the Consumer Protection Act, 1986.

(d)       In support of their contentions, OP relied upon the following judgements:

              (i) Rajnish Bhasin Vs. Jaypee Infratech, 2018 SCC Online NCDRC 496

              (ii) Bharati Knitting Company Vs. DHL Worldwide Express Courier Division of Airfreight Ltd., (1196) 4 SCC 704.

              (iii) Baljit Singh Sandhu Vs. Jalandhar Improvement Trust 2016 SCC Online NCDRC 2576

              (iv) Adarsh Mira Leekha Vs. H.U.D.A., 2012 SCC Online NCDRC 354                    

              (a) Demand letter dated 25.06.2015 on casting of 2nd floor level.

              (b) Reminder dated 17.07.2015 for demand on casting of 2nd floor level.

              (c) Demand letter dated 07.09.2015 on casting of 6th floor level.

              (d) Reminder demand letter dated 01.10.2015 on casting of 6th floor level.

              (e) Demand letter dated 05.12.2015 on casting of 10th floor level.

              (f) Demand letter dated 02.01.2017 on casting of 30th floor level.

       (ii) only the amount, which