SAHARA CITY HOMES LTD Vs. COLONEL AJIT SINGH

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') against the Order dtd. 16/5/2018 passed by the learned State Consumer Disputes Redressal Commission, Uttar Pradesh, (hereinafter to be referred as 'the State Commission'), in Consumer Complaint No.170 of 2015, wherein the Complaint filed by the Complainant Late Colonel Ajit Singh (Since deceased) was allowed. The operative portion of impugned Order dtd. 16/5/2018 is reproduced as below: 'The complaint is allowed and the OP is directed to handover possession of the house in question to the complainant, to pay Rs.10.00 lacs for physical and mental harassment caused to the complainant and interest @9%p.a. on the amount of Rs.42,31,880.00 from the date when the house was to be delivered i.e. from 14/11/2010 till the actual delivery of possession of the house and Rs.10,000.00 as cost of the case. Compliance of this order be made within one month otherwise, the OP shall be liable to pay interest @12% p.a. on the entire amount."

(2.) Being aggrieved, the Opposite Party filed the instant Appeal along with IA/19268/2019, an application for condonation for delay of 114 days in filing this First Appeal. However, according to the registry there was a delay of 105 days. For the reason stated in the Application, the delay is condoned.

(3.) The admitted facts of the case are that the Late Col. Ajit Singh (Complainant) entered into an agreement to purchase an Independent Row house from the Appellant (OP) for a total price of Rs.51,74,000.00 payable in 38 monthly instalments until 14/11/2010. The Allotment Letter dtd. 14/9/2007, stipulated that possession of the house would be handed over within 38 months, i.e., by 14/11/2010. Additionally, the Complainant was granted a 30% discount on the cost price due to being physically handicapped. Thus, the net amount payable was Rs.36,21,800.00. The Complainant alleged that the Appellant failed to deliver possession of the house within the agreed-upon time. As a result, he filed a consumer complaint with the State Commission, sought possession of the house, along with compensation and interest at a rate of @18%, among other remedies.