H C MALHOTRA Vs. ANSAL BUILDWELL LTD

JUDGEMENT

(1.) This appeal is directed against the order of the State Commission, Delhi whereby the State Commission directed the respondents to refund of Rs. 8,92,973 with compensation of Rs. 50,000 in lumpsum inclusive mental agony, harassment and cost.

(2.) Feeling dissatisfied, by compensation awarded, the present appeal has been filed claiming interest @ 18% per annum on the deposited amount.

(3.) Brief facts are that the appellant booked a plot measuring 300 sq. yds. at a cost of Rs. 18 lakh and in addition thereto a sum of Rs. 1,07,400 payable towards external development charges. The complainant/appellant paid a sum of Rs. 3,06,000 and they were asked to come on the following day to sign on the "Plot Buyer's Agreement". The appellant selected the plot No. G-797. The "Plot Buyer's Agreement" despite the promise to convey as to when it would be signed, the respondent had not called upon the appellant to sign the "Plot Buyer's Agreement". In spite of repeated objections, the complainant was asked to pay amount from time-to-time. He paid a sum of Rs. 2,60,850 on 30.9.1996. He paid Rs. 1,62,658 on 2.12.1996 and Rs. 1,63,465 on 3.3.1997. By letter dated 4.5.1998, the complainant objected that the respondent neither had issued any letter of allotment nor had sent agreement of sale for execution and the development at the site was at very initial stage. The opposite party demanded money vide letters dated 18.9.1998 and 30.9.1998 and cancelled the booking due to default and lapses, levelling unfounded allegation. On 11.3.1999, the complainant inter alia requested the respondents to remit Rs. 8,92,973 towards the principal amount along with 18% interest. Repeated letters were sent on 17.4.1999 and 24.6.1999 but vide letter dated 24.7.1999 the respondent put the blame on the complainant/appellant. The complainant ultimately filed a complaint.