Sham Sunder, J. (President) - (1.) THE facts, in brief, are that the complainants applied for the allotment of a residential unit, consisting of 2 bedrooms, D Category, measuring 1700 square feet super area, in the project of Opposite Party Nos. 1 and 2, known as "Parsvnath Prideasia", Rajiv Gandhi Chandigarh Technology Park, Chandigarh, to be developed, and constructed by them, on the land of Opposite Party No. 3. An amount of Rs. 6,07,750 as earnest money, vide draft No. 185104 dated 24.12.2007, in respect of the said unit, was also paid by the complainants. The complainants opted for the construction linked payment plan. The total sale consideration of the said unit was to the tune of Rs. 1,21,55,000. It was stated that the complainants were allotted Flat No. 103, First Floor, Block No. D4, measuring 1,700 square feet, in Parsvnath Prideasia, Rajiv Gandhi Chandigarh Technology Park, Chandigarh, vide allotment letter bearing No. PDL/CHB/08/D3 dated 1/3.1.2008. By 13.2.2008, the complainants paid the total amount of Rs. 34,38,750, towards part price of the said unit, to the opposite parties. It was further stated that the Flat Buyer Agreement dated 23.4.2008, Annexure C -10, was executed amongst the parties, at Chandigarh. As per Clause 9(a) of the said Agreement (at page 28 of the file), the construction of the residential units and other related infrastructure, was likely to be completed, within a period of 36 months, from 6.10.2006, the date of signing the Development Agreement. It was further stated that after the stipulated date of handing over possession of the said unit, the complainants visited the site, where the flats were to be constructed, and came to know that the opposite parties failed to construct the same (flats).
(2.) IT was further stated that, however, the complainants visited the opposite parties, a number of times, and requested them to apprise them, with regard to delivery of possession of the said unit, but they failed to give any satisfactory reply. It was further stated that, left with no other alternative, the complainants got served legal notice dated 13.10.2014, upon the opposite parties, for redressal of their grievance. It was further stated that, on receipt of the legal notice, opposite party No. 3, refunded the amount of Rs. 10,31,625, towards 30% of his share of the principal amount, deposited by the complainants, and that too without any interest. It was further stated that legal notice dated 13.10.2014, sent to opposite party Nos. 1 and 2, by the complainants, for refund of the amount deposited by them, in respect of the unit, in question, remained unanswered. However, the balance amount of Rs. 24,07,125, had not been refunded to the complainants by opposite party Nos. 1 and 2.
(3.) IT was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainants, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, claiming refund of the amount of Rs. 24,07,125, along with interest @ 18% p.a., from the respective dates of deposits, till realization; interest @ 18% p.a., on the amount of Rs. 10,31,625, from the respective dates of deposits, till the same was refunded; compensation @ Rs. 107.60 per sq. mtr. (Rs. 10 per sq.ft.) of the super area of the unit, per month, as provided by Clause 9(c) of the Flat Buyer Agreement, for mental agony and physical harassment; and cost of litigation, to the tune of Rs. 33,000.;