VIJAYA HOMES Vs. SUBIR MANDAL

JUDGEMENT

(1.) The Respondent/Complainant had booked a flat on 24.6.2003 with the Petitioner/Opposite Party in their project named "Vijaya Green Earth". In addition to the booking amount of Rs. 10,000, the first instalment of Rs. 1,09,262 was also paid to the Revision Petitioner. No allotment was made and the money was returned after a gap of almost two years on 4.3.2005.

(2.) The District Forum rejected the plea of the OP that under Clause 13 of the General Terms and Conditions of the booking agreed between the parties, no interest was payable. The District Forum awarded interest at 12% per annum with compensation of Rs. 5,000 and costs Rs. 2,000.

(3.) The appeal of the present Petitioner was rejectedby the State Commission and hence, the present Revision Petition before this Commission. I have heard the Counsel for the Revision Petitioner, who argued that the Respondent/Complainant had signed the letter of allotment on 24.6.2003, after going through all relevant papers and satisfying herself including status of land and building plan,and agreed to abide by the terms of the agreement. This argument fails in the background of the fact of this case that the return of the deposit by the Revision Petitioner was itself on the ground of their failure to get the registration of the land required for the project. The Fora below have taken note of the fact that refund was not at the instance of the Respondent/Complainant, but due to circumstances for which the Petitioner/Opposite Party was himself responsible.