M. Shreesha, Member - (1.)This Complaint has been filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act") against Parsvnath Developers Limited (hereinafter referred to as "the Developer"), seeking the following reliefs:
1. Direct the O.P. to refund the entire amount collected from the complainants towards the consideration of the flat along with interest @ 18% p.a. on the amount paid by them from the date of collection of the amounts till it is actually returned to the complainants.

2. Direct the O.P. to pay a sum of Rs.5,00,000/- (Rs. Five Lakhs only) towards mental agony and harassment and towards cost of litigation to the complainants.

3.Any other order(s) as may be deemed fit and appropriate may also kindly be passed

(2.)The brief facts as set out in the Complaint are that the Developer launched a housing project known as "Parsvnath Royale" in Sector 20, Panchkula Haryana. It is stated that the project was widely advertised by the Developer and on seeing the advertisements, the Complainants approached the Developer and on the promises made by the officials of the Developer that the possession will be delivered within 36 months, the Complainants vide Application dated 04.04.2006 applied for a Flat in 'Parsvnath Royale'. A Flat Buyer's Agreement was entered into on 22.01.2007 for Flat No. T2-504, 5th floor in Tower T2 of 178 sq. ft. of the project for a total sale consideration for Rs.59,63,000/-. It is averred that the promised date of delivery as per Agreement was 36 months from the date of Agreement. It is averred that some clauses of the Agreement are one-sided, for which Complainants requested for modification but the Complainants were told that the Buyer's Agreement has to be signed as it is and in case the Complainants are not agreeable, then the allotment would be cancelled and the earnest money would be forfeited. Hence, the Complainant was forced to sign the Flat Buyer's Agreement as he had already paid Rs.8,94,450/- out of the total sale consideration to the Developer.
(3.)It is averred that as per Clause 5 of the Builder Buyer's Agreement, 'Time' is the essence of the Contract and as per Clause 10 (a) the construction was to be completed within 36 months from the date of the Agreement. As per Clause 5 (b) the Complainants are liable to pay interest @ 24% p.a. for any delay in making payment as demanded by the Developer. It is stated that vide letter dated 27.03.2012 the Developer changed the unit allotted to the Complainants from unit T2-504 to T4-802 in the same project. It is averred that the Complainant has paid a sum of Rs.47,63,386/- to the Developer as per demands made by the Developer from time to time. It is pleaded that despite collecting substantial amounts from the Complainants, the Developer has not constructed the tower in which the house of the Complainants is situated. It is averred that despite on-time payment of the demands made by the Developer and despite repeated requests through letters, emails, phone calls and personal visits, the Developer has failed to deliver the possession of the house till the date of filing of the Complaint. It is further averred that the Complainants had purchased the Flat for specific purpose of residence for their family and themselves and are suffering severe financial losses and mental agony.