M/S MANTRI DEVELOPERS PRIVATE LIMITED Vs. NUPUR ANCHLIA
LAWS(NCD)-2020-1-116
NCDRC
Decided on January 06,2020

M/S MANTRI DEVELOPERS PRIVATE LIMITED Appellant
VERSUS
NUPUR ANCHLIA Respondents




JUDGEMENT

V K Jain, J. - (1.) The complainants/respondents booked residential apartments with the appellants in a project namely "Mantri Celestia", which the appellants were to develop in Nanakramguda village of Ranga Reddy District (presently in Telangana). On allotment of residential flats in the above referred project to them, they executed two agreements each with the appellants, one being the agreement and other being for the agreement for construction. The possession of the allotted flats was to be delivered to the Complainants/Respondents by 01.07.2013 in F.A. No.1567/2019, by 31.05.2012 in F.A. No.1853/2019 and by 30.06.2013 in F.A. No.2136/2019. The possession of the allotted flats was not delivered to them by the date stipulated in this regard. The complainants therefore sought refund of the amount which they have paid to the appellant, with compensation etc. The said refund having not been made, they approached the concerned State Commission by way of separate Consumer Complaints seeking refund of the amount which they had paid to the appellants with interest, compensation etc.
(2.) The complaints were resisted by the appellants who admitted that the allotments made to the Complainants as well as the agreement executed with them. The payment received from them was also not disputed. It was however pleaded in the written version filed by the appellants that the construction of the residential complex was delayed on account of (i) civil commotion, strikes, agitations and public disturbances on account of the Telangana Agitation, (ii) flooding of the project site from the adjacent lake due to heavy rains, (iii) disruption in supply of cement, sand and other material on account of civil disturbances and (iv) migration of labour resulting in shortage of labour.
(3.) The State Commission vide impugned orders dated 28.06.2019, 07.08.2019 and 27.09.2019 directed refund of the amount which the Complainants had paid to the appellants alongwith interest @ 18% p.a. and the cost of litigation quantified at Rs.5,000/- in each case.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.