KANPUR DEVELOPMENT AUTHORITY Vs. BRAHMA KUMAR DUBEY

JUDGEMENT

(1.) We have heard both the learned Advocates for the applicant as well as the respondent. It has been stated on behalf of the applicant that she is interested in refund of the amount paid by her to the respondent by way of consideration for the residential flat measuring 1153 sq. ft. and 400 sq. ft. of garden. It has been mentioned in her compensation application that in response to an advertisement issued by the respondent, she applied for an apartment and was allotted delux residential apartment No. D-7, Ground Floor, in Ganga Block of Pushpa Aakash Apartments. It has also been mentioned that it was stipulated in the agreement entered into by her with the respondent that if the respondent was not able to give possession of the flat, it would refund the amount with simple interest @ 12%. It is an admitted position that the respondent has not been able to construct the Ganga Block of the Pushpa Aakash Apartments and, therefore, has not been able to hand over possession of the flat in question, to the applicant. The offer of a similar flat made by the respondent in the other Kaveri and Saraswati Blocks which have been constructed, is however, is not acceptable to the applicant. Therefore, it has been urged on behalf of the applicant that the amount deposited by her towards the cost of the flat in question, may be refunded to her with interest.

(2.) While according to the applicant, an amount of Rs.3,21,648.75 has been deposited by her with the respondent, in the affidavit of Mr. V. K. Soin, Director of the respondent, Pushpa Builders Ltd. , it has been stated in paras 6 and 7 thereof, that an amount of Rs.2,15,552/- only has been paid by the applicant. It is pertinent to mention here that the respondent has no objection to the refund of the amount paid by the applicant. The only dispute is with regard to the amount actually paid by the applicant and received by the respondent. Since there is a dispute with regard to the amount paid, the applicant is directed to give a statement on affidavit, of the amount actually paid by her, duly supported by receipts, and the respondent will likewise, verify from the records the actual amount received from the applicant and accordingly, make the refund with interest @ 12% to be calculated for the entire period, the amount remained with the respondent i. e. from the date of the deposit till the date of its actual refund. In addition to the aforesaid amount, litigation costs which are quantified at Rs.5,000/- will also be paid by the respondent. No other compensation for mental torture is being allowed in view of the order of Hon'ble Supreme Court in the case of Ghaziabad Development Authority V/s. Union of India and Anr., 2000 2 CPJ 1Supreme Court (MRTP ). The applicant will handover the original receipts and agreement to the respondent within two weeks. The original receipts enclosed with the compensation application may be returned to the applicant on her furnishing certified copies thereof, which may be placed on record. The respondent is directed to comply with the order within six weeks and also file an affidavit by way of compliance.