DEEPAK GUPTA, J. - (1.) Leave granted.
(2.) The respondent was building an office complex and issued an advertisement "Commercial space in Harsha Commercial Complex" to be constructed on Plot No.1, Local Shopping Centre, Gazipur, Delhi. The appellants who are the husband and wife jointly applied for one shop in the Complex which was offered to them by the respondent for a total consideration of Rs.4,80,000/-. Pursuant to this, an agreement was entered into between the parties on 25.01.2004, whereby one shop was agreed to be sold to the appellants for a total consideration of Rs.4,80,000/- to be paid in installments.
(3.) On 06.12.2004, the respondent wrote a letter to appellant no.1 informing her that the shop is ready, requested the appellants to pay the balance amount of Rs.2,75,000/- and maintenance charges etc., i.e. a total amount of Rs.3,16,930.96/-on or before 15.12.2004. According to the appellants, though they were ready to pay this amount the shop was not handed over to them. The appellants sent a letter to the respondent on 19.04.2005 informing the respondent that Rs.2,05,000/- had already been paid and they are ready to take possession of the shop and pay the balance amount. Since possession of the shop was not delivered, the appellants filed a complaint before the District Consumer Disputes Redressal Forum, Delhi (for short 'District Forum'). Defence taken by the respondent was that the appellants were not ready and willing to pay the balance amount and, therefore, their amount had been forfeited. The District Forum directed the respondent to handover the possession of the shop to the appellants on payment of the balance amount of Rs.2,45,000/- with interest @18% per annum from 28.03.2004 till the date of delivery of the possession along with other sundry charges. Thereafter, the appellants issued cheques for these amounts but the possession of shop was not delivered.;