PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD Vs. SURINDER MOHAN SHARMA S/O BASANT RAM

JUDGEMENT

(1.) The complainant/respondent was allotted a residential flat by the appellant vide its letter dated 28.01.2009 in a proposed housing complex at Banur, in District Patiala of Punjab at a tentative price of Rs.20.18 lacs. One of the terms of the allotment stipulated that no refund shall be made if the offer of possession of the flat was not made.

(2.) Vide letter dated 03.11.2014, the complainant was informed that the final cost of the flat was Rs.33,10,000/- and was asked to make the balance payment of Rs.20,99,000/-. On receipt of the aforesaid letter, the complainant, vide his letter dated 02.01.2015, sought refund of the amount paid by him to the appellant primarily on the ground that he could not have afforded the cost of Rs.33.10 lacs. Since the said refund was not granted, the complainant/respondent approached the concerned State Commission by way of a consumer complaint.

(3.) The complaint was resisted by the appellant which not only sought to justify the delay in completion of the project but also relied upon the terms and conditions of allotment which clearly stipulated that no refund shall be made after the offer of possession of the flat. The State Commission, vide its order dated 18.05.2018, directed as under: