SWAPNIL BUILDERS AND DEVELOPERS Vs. IILA BANERJEE

JUDGEMENT

(1.) The complainant/respondent booked a residential flat with the petitioner in a project namely 'Rajmahal Green Town', which the petitioner was to develop in Bhilai. Initially, the complainants had booked a two BHK residential apartment with the petitioner on 06.04.2013 and the possession was agreed to be delivered within two years. Thereafter, the parties executed another agreement whereby a three BHK flat was agreed to be delivered to the complainants within two years of the subsequent agreement dated 06.04.2015, for a consideration of Rs.16,50,000/-. The possession of the flat having not been given to them, the complainants approached the concerned District Forum by way of a Consumer Complaint instituted on 21.03.2016 seeking refund of the amount which they had paid to the petitioner alongwith interest, compensation etc.

(2.) The complaint was resisted by the petitioner which inter-alia stated in its written version that the construction work was in progress and the complainant had not made payment as per the agreement between the parties. It was also stated in the written version that the petitioner was ready to give the flat on receiving the balance payment.

(3.) The District Forum, vide its order dated 19.06.2017, directed refund of the amount which the complainant had paid to the petitioner alongwith interest @ 12% per annum, Rs.44,000/- as rent and Rs.10,000/- as compensation and Rs.5,000/- as the cost of litigation.