(1.) Heard Shri Ratnesh Chandra, learned counsel for the appellant as well as Shri Ashish Chaturvedi, learned counsel appearing on behalf of respondents.
(2.) The controversy in brief is with regard to the delay in handing over the possession of the flat which was sought to be constructed by the petitioner while developing apartments known as Smriti Apartments, Sector J Extension, Sitapur Raod Scheme, Jankipuram, Lucknow.
(3.) In the brochure published by the petitioner it was stated that the flats would be handed over within a period of 24 months as per clause 2.4 of the said brochure and as per clause 11.1 it was provided that in case possession is not given then the allottee shall be at liberty to seek refund of the entire money along with interest at the rate of 4% per annum.