1)       Complainant Nos.1, 2 and 3 have preferred the present Complaint under section 17 of Consumer Protection Act 1986. Short facts leading to the filing of the present complaint may be narrated as under :- 

2)      Complainant Nos. 1, 2 and 3 are residents of Nagpur and were searching for flat for their residential purpose. O.P.Nos.1 to 3 claims to be a repudiated builders and developers and they had also advertised their scheme of flats. Complainants therefore approached to O.Ps and booked one unit in Sahara Prime City Nagpur consisting of two bed rooms on 7^th floor and the consideration was fixed at Rs.29,74,000/-. Subsequently discount was given to the complainant and the price was reduced and fixed at Rs.28,84,780/-. Complainant has alleged that as per allotment letter dated 21/05/2010 the complainants had paid an amount of Rs.10,64,834/- out of total consideration. Complainants had also made the payments from time to time but the O.P. namely Sahara Prime City Ltd. , failed to complete the construction and also failed to execute the sale deed and handover the possession of the unit in the project namely Sahara Prime City Ltd.  Complainants  have contended that they found that the construction of unit No.B-12/705 is still incomplete. Complainants then requested the O.Ps. from time to time but there was no proper response nor there was completion of the project. Complainant was therefore convinced that despite having received huge amount of Rs.10,64,834/- the O.Ps. had failed to complete the construction as per the assurances given and had also failed to handover the possession of the flat and execute sale deed and same amounts to deficiency in service as well as Unfair Trade Practice. Therefore the complainants lodged the present complaint with a prayer to handover the vacant possession of the residential unit within stipulated period or in the alternative to refund the amount of Rs.10,64,874/- alongwith penal interest @ 24% p.a. Complainant also prayed for compensation of Rs.10,00,000/- and cost of litigation and so the complaint.

3)      O.Ps. have appeared and resisted the complaint by filing written version on record. O.Ps. have admitted that the complainant had booked the flat in the scheme namely Sahara Prime City Ltd.   O.Ps. have also admitted that the total consideration of the unit was fixed at Rs.28,84,786/- but the complainant has paid Rs.10,64,834/-. O.Ps. have contended that the complainant has not regularly maid the payment at all. O.Ps. have further contended that the complainants was bound by the terms of agreement and more particularly term No.18 relating to force ‘Force Majuere’  which implies inter-alia the delay  caused due to  circumstances  beyond   the control  of the company namely Sahara Prime City. The Opposite parties have taken a plea   that after the contract was entered into some litigation started between the Opposite parties/Sahara Prime City and Security and Exchange Board of India (SEBI) and the same had reached the Hon’ble  Supreme Court.  The Opposite parties have also taken a plea that it  was beyond the control of the opposite parties Sahara Prime City to transfer or alienate any property in view of certain directions given by the Hon’ble Supreme Court in Contempt  Petition 412/2012 which was filed by SEBI and the said orders are still in force. The opposite parties are bound by the orders passed by the Hon’ble Supreme Court restraining them from parting with or handing over the possession of moveable or immovable  properties  in the  projects. The Opposite parties have also taken a plea that name of SEBI has been incorporated in 7/12 extract of the company and embargo has been put for any transfer of property.      The Opposite parties have also taken  a  specific plea  that there was also Arbitration  Clause  in the contract  and so the dispute can be resolved only by the  sole Arbitrator. The complaint filed by the complainant is therefore not tenable in law and deserves to be dismissed with costs.

4)      We have heard Mr.Pancholi, learned advocate for the   complainant and also gone through the copies and various documents which were placed  on record by  the complainant including copy of agreement to sale entered in to with the  O.Ps.. It is crystal clear that the present complainant had not only booked the unit with the O.Ps. on the basis of assurances given to him but  also parted with huge amount of Rs.10,64,874/-. It is further clear from the  pleadings and documents placed on record that the O.Ps. namely Sahara Prime City Limited had not kept its promise and had not completed the construction at all and thereby had put the complainant to huge financial loss by accepting part of the consideration from him. We are also of this view that looking to the direction given by the Hon’ble Supreme Court that the O.P. was not in a position to hand over the possession of the unit purchased by the complainant and so we feel that suitable directions can be given to O.Ps. regarding refund of consideration alongwith interest. We are also of the view that looking to the financial loss and delay in handing over possession no leniency can be shown as far as rate of interest and compensation is concerned and so we are inclined to award interest @ 12% p.a. over the amount paid by the complainant. We are also feel that O.Ps. are liable to pay compensation in the sum of Rs.1,00,000/- towards mental and physical harassment caused to the complainant and Rs.10,000/- by way of cost of litigation. We therefore proceed to pass the following order.  

//ORDER//

i.        Consumer Complaint is hereby partly allowed.

ii.       O.P.Nos. 1  to 4 are hereby directed to pay jointly and severally an amount of Rs.10,64,874/-  along with  interest  at the rate of 12% p.a. from the date of deposit  of amount  till  the date  of  realization of the same by the complainants.

iii.      O.P. Nos. 1 to 4 are hereby also  directed to pay jointly and severally to the complainants compensation of Rs.1,00,000/-  towards  physical and mental  harassment caused to the  complainants.

iv.      The O.P.Nos. 1 to 4 are hereby also  directed to  pay  litigation cost of Rs.10,000/- to the complainants.  

v.       The payment of the amount in compliance of the above order shall  be made in the span of three months  from the receipt  of the copy of the order by the O.Ps. subject to  permission  of the Hon’ble Supreme Court for making the said payment.

vi.      Copy of order be furnished to both the parties free of cost.