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Issues: Whether the contractual terms governing delayed delivery of possession entitled the purchasers to terminate the agreement and claim refund, and whether the consumer forum could disregard those terms and substitute its own view.
Analysis: The agreement created two distinct stages of possession, namely possession for fit outs and final possession upon issuance of the occupation certificate, and it also stipulated a grace period and a specific termination mechanism if possession for fit outs was not offered within time. The respondent did not offer possession for fit outs by the contractual deadline, and the purchasers exercised the contractual right to terminate within the prescribed period. Once the parties had reduced their bargain to writing, the terms had to be enforced as written. The consumer forum could not rewrite the contract by treating the delay as insufficient to justify termination or by compelling continued performance contrary to the agreed termination clause. The refund obligation and interest rate were also governed by the agreement itself.
Conclusion: The purchasers were entitled to terminate the agreement and obtain refund in terms of the contract, and the contrary view of the consumer forum was unsustainable.