Uday Umesh Lalit, J. - (1.) These Appeals under Section 23 of the Consumer Protection Act, 1986 are directed against (i) the judgment and final order dated 31.05.2018 passed in Consumer Case No.2010 of 2016 and (ii) the order dated 05.09.2018 passed in Miscellaneous Application No.578 of 2018 by the Commission, (National Consumer Disputes Redressal Commission, New Delhi) .
(2.) The Respondents had booked a residential villa viz: Emerald07 in a project named 'Marvel Selva Ridge Estate' to be developed by the Appellants. The total consideration for the villa with three covered car parking spaces and open terrace was to be Rs.8,31,04,425/-. An agreement was entered into between the parties on 22.03.2013 incorporating mutual obligations and paras 5(a) and (b) thereof were as under:- "5. The Promoter declares that:a) The said Unit shall be constructed in accordance with the plans and specifications approved and sanctioned by the Municipal Corporation of Pune.b) Possession of the said Unit agreed to be purchased by the Purchaser/s shall be handed over to the Purchaser/s by the Promoter on or before 31.12.2014 provided that the Purchaser/s shall have made payment of the instalments towards the purchase price of the said Unit and other charges/ deposit/s as mentioned in Clauses 20 to 23 hereinbelow as agreed upon without delay at the times stipulated for payment therefor."
(3.) It is a matter of record that during the period July, 2012 to November, 2013 the Respondents had deposited Rs.8.14 crores with the Appellants. Though the Appellants had agreed to deliver possession on or before 31.12.2014, neither the villa was complete by the due date nor was any refund made by the Appellants. It was the case of the Appellants that sometime in April, 2014 the Respondents had suggested extra work amounting to Rs.2,67,000/- and that Stop Work Notices were issued by the Pune Municipal Corporation on 23.07.2014 and 15.11.2014.;