1.      Heard Mr. R.Y. Kalia, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for the opposite party.

2.      Mr. Roop Narain Gupta and Mrs. Manju Gupta have filed above complaint for directing the opposite party to pay (i) Rs.19279318/- with interest @24% per annum, from the date of deposit till the date of actual payment, (ii) Rs.550000/-, as compensation for mental agony and harassment, (iii) Rs.300000/-, as costs of litigation and (iv) any other relief which is deemed fit and proper in the facts of the case.

3.      The complainants stated that the opposite party was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of ‘Parsvnath La-Tropicana’ at Khyber Pass, Civil Lines, Delhi, in the year 2013 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, the complainants booked a flat and deposited Rs.18449653/- on 19.06.2013. The opposite party allotted Unit no. V-2, Ground Floor, Tower No.T-11, area approximately 4250 sq. ft., basic sale consideration of Rs.69360000/- and executed Flat Buyers Agreement dated 24.09.2013, in their favour. As per demand, the complainants further deposited Rs.186361/- on 26.11.2013 and Rs.8297/- on 26.11.2013 towards taxes and Rs.635007/- on 29.11.2013, for Additional Car Parking space. The complainants opted for ‘special payment plan’ under which balance amount was payable at the time of offer of possession. Clause 11(a) of the agreement provides 24 months from the date of commencement of the construction for completing construction along with a grace period of six months. The complainants visited the site on 22.07.2018 and got the photographs of Tower T-11 which was under erection. The complainants sent a legal notice to the opposite party on 18.08.2018, for refund of their money as raw construction of Tower T-11 was only upto 35% complete till then. In spite of service of notice, the opposite party did not respond. Then this complaint has been filed on 08.01.2019.

4.      The opposite party did not file its written reply rather filed IA/17111/2019, for dismissing the complaint as not maintainable on the ground that a Memorandum of Understanding was executed between the opposite party and Flat Buyers Association of the project, dated 30.04.2019 and 11.09.2019, in which time schedule for completion of the project has been revised. The complainants filed their reply to this application and stated that they were not party of this Association and these memorandums of understanding were not binding upon them. This application is rejected.

5.      The facts stated in the complaint are proved by filing copies of receipts and agreement dated 24.09.2013 and affidavits of the complainants. Clause 11(a) of the agreement provides 24 months from the date of commencement of the construction for completing construction along with a grace period of six months. This 30 months period expired on 23.03.2016. The construction is still incomplete. It is well settled that a home buyer cannot be made to wait for possession for unlimited period.

O R D E R

In the result, the complaint is partly allowed. The opposite party is directed to return entire amount deposited by the complainants with interest @9% per annum from the date of respective deposits till the date of refund, within a period of two months from the date of this judgment.