MANGNOLIA INFRASTRUCTURE DEVELOPMENT LTD Vs. SANDIPAN SANTRA

JUDGEMENT

(1.) The complainants entered into a Memo. of Understanding dated 13.09.2013 with the appellant, for the purchase of a residential flat for a consideration of Rs. 40,26,200/- by paying an initial amount of Rs.12,45,183/-. The said MoU was followed by an agreement dated 09.01.2014. As per the agreement the flat was to have a super built-up area of 1114 sq. ft. and possession was to be delivered by June, 2015, though a grace period of six months was also available to the builder. The appellant sent a letter to the complainant on 23.06.2015 demanding the balance sale consideration. The complainant, however, claimed that the construction was not complete and the flat was smaller in size. He, therefore, approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant which admitted the receipt of Rs.34,16,234/- from the complainant. The appellant also expressed willingness to deliver possession of the flat as well as of the car parking area to the complainant on payment of the outstanding amount which was stated to be Rs. 16,90,461/-.

(3.) The State Commission vide order dated 04.10.2018 and directed as under:-