BENGAL SHELTER HOUSING DEVELOPMENT LTD Vs. KAUSHIK DHAR
LAWS(NCD)-2020-6-58
NCDRC
Decided on June 17,2020

BENGAL SHELTER HOUSING DEVELOPMENT LTD Appellant
VERSUS
Kaushik Dhar Respondents

JUDGEMENT

Prem Narain, J. - (1.) This appeal has been filed by the appellant Bengal Shelter Housing Development Ltd. against the order dated 08.07.2019 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in CC No.280 of 2016.
(2.) Brief facts of the case are that on 05.03.2012, the respondent no.1/ complainant booked one HIG apartment, Block-5, Flat No.9B in project named 'Neeldiganta' at Barasat by making payment of Rs.75,000/- as booking amount out of total consideration of Rs.27,01930/- for flat and Rs.2,00,000/- against covered car parking space i.e. Rs.29,01930/- with service tax 3.09%. On 25.04.2012, the appellant/ opposite party No.1 issued allotment letter to the complainant along with copy of General Terms and Conditions of 'Bagesree 9 HIG Block 5 Neeldiganta'. On 13.05.2015, the complainant sent a letter with request to return the deposited amount with interest after cancelling the said booking to the opposite party. On 24.06.2016, the respondent no.1 filed a complaint case being CC No.280/2016 before the State Commission. The State Commission has passed the following order:- "That CC No.280 of 2016 is allowed on contest against OP no.1 with cost and dismissed on contest against OP no.2. OP No.1 is directed to refund Rs.12,94,573/- to the complainant along with interest @ 10% per annum from the date of last payment by the complainant till its realization. OP No.1 is also directed to pay litigation cost of Rs.10,000/- to the complainant within 30 days from the date of order, in default, the said sum would attract interest @10% per annum."
(3.) Hence this appeal.;


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