Decided on November 03,2006

Madhurima Kumar Appellant
Ansal Housing And Construction Ltd And Anr Respondents


- (1.) AGGRIEVED by the deficiency in service on the part of the O.Ps. in not completing the construction and handing over possession of the commercial flat, booked by the complainant, by the stipulated time, complainant has filed the instant complaint claiming refund of the amounts already paid to the O.Ps. with interest, compensation and cost of litigation.
(2.) BEING induced by the O.Ps. the complainant, on 25.9.1995, booked one commercial flat having a tentative area of 617 sq. ft. for Rs. 13,88,250 by paying 10% as booking amount. Subsequent payments were construction linked as the commercial flat was to be constructed in a commercial complex of Plot No. 1, J -Block, Commercial Centre, Rajouri Garden, New Delhi. Up to 29.9.1998, the complainant made payment of Rs. 7,65,887. As per the Agreement between the parties, the construction was to be completed by 1999 and the complainant was assured that the construction would be completed by then. But inspite of his having made payment of Rs. 7,65,887 against the construction amount of Rs. 13,88,250, there was no trace of construction at the site. As a result, he asked for the refund of the amount paid with interest. However, the respondent did not refund the amount and consequently the complainant filed the instant complaint before this Commission claiming the following reliefs : "(a) to direct the respondents to refund Rs. 7,65,887 with interest @ 24% per annum or award of Rs. 7,65,887 with interest @ 24% per annum till the payment of suit amount in favour of the complainant and against the respondents. (b) award the cost of complaint in favour of complainant and against the respondent. (c) Award the compensation for irreparable losses and mental agony. (d) pass such an order as may be deemed fit and proper in the facts and circumstances of the case."
(3.) IT is pertinent to mention at this stage that during the pendency of this complaint, the respondent had made payment of Rs. 5,05,787 on 11.4.2005 as per interim orders of this Commission. While justifying the non -refund of the aforesaid balance amount, the O.P. has taken the plea that as per the ageement, the O.P. is entitled to forfeit 20% of the basic cost and refund the balance without interest. It was in view of this clause that it has refunded the amount of Rs. 5,05,787 out of Rs. 7,65,887. The O.P. has also justified its forfeiture of 20% of the basic cost on the plea that there was no deficiency on the part of the O.P. in raising the construction by the stipulated time, as by way of a letter the O.P. had asked the complainant to come and take possession of the flat after making the balance payment. It was followed by reminders.;

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