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2.         It was further stated that on 15.11.2010, the complainants jointly applied for an office space of 885 sq. feet under construction linked plan (Unit No.230, Block B) in the project of the Opposite Parties namely "Acropolis" and paid Rs.10 Lacs as booking amount vide cheques No.846700 & 858777 dated 15.11.2010 and receipt No.MIL/ACR/1007 dated 17.11.2010 (Annexure C-1) was issued by them (Opposite Parties). It was further stated that the complainants were informed that a buyer seller agreement would be entered into at a later stage and possession of the unit would be handed over to them within three years i.e. 15.11.2013. It was further stated that the complainants kept on paying the sale consideration as per the demands raised by the Opposite Parties and by 05.07.2012, they paid an amount of Rs.41,43,774/- i.e. almost 53% of the total cost of the unit vide receipts (Annexure C-2 colly.). The break-up of the aforesaid amount is tabulated hereunder:-

8.         On merits, it was stated that the commercial space was booked by the complainants on 15.11.2010 by paying an amount of Rs.10,00,000/- to the Opposite Parties, as against the booking amount of Rs.11,81,475/-  and they (complainants) accepted the terms and conditions of construction linked plan. It was denied that the complainants were in need of space to earn their livelihood wherefrom they could peacefully carry on their profession. It was also denied that the complainants were contacted by the agent of Opposite Party No.1 in October, 2010. It was further denied that the complainants were informed that buyer seller agreement would be entered at a later stage and the possession would be handed over to them within 3 years i.e. by 15.11.2013. It was further stated that the complainants have not been providing financial advice, as alleged and the space was booked for earning profit by selling it on higher rate. It was further stated that the possession of the booked unit was to be handed over only after receipt of payment of the due installments as per payment schedule mentioned in the booking form.

16.       We have heard the Counsel for the parties, and have gone through the evidence and record of the case, carefully. 

17.       It is evident that the complainants applied for office space, in the project of the Opposite Parties, for earning their livelihood. The construction linked plan, as per Annexure C-12 was as under:-

CONSTRUCTION LINKED PLAN Event Construction Linked Plan On Application 15% 45 Days from Application 10% On Completion of Basement Slab 10% On Completion of 2nd Floor Slab 10% On Completion of 4th Floor Slab 10% On Completion of 6th Floor Slab 15% On Completion of Brick Work 15% On Completion of Services 10% On Possession 5% of (Basic Rate + Parking + Other Charges & Maintenance Advance + Legal Charges).

24.       The next question, which falls for consideration, is, as to whether, the complainants defaulted in making the payments as per the construction linked plan. No doubt, the Opposite Parties wrote letters dated 4.4.2011, 17.8.2011, 28.12.2011 and 01.05.2012 (Annexures OP-1/4, OP-1/5, OP-1/6 and OP-1/7) but the same were sent in routine reminding the complainants to deposit the due installments. In none of these communications, there was any protest attributing any default to the complainants. The complainants had made a total payment in the sum of Rs.41,43,774/- during the period from 15.11.2010 to 05.07.2012.