PARAMVIR SINGH Vs. P H HOUSES PVT LTD

JUDGEMENT

(1.) The complainant/petitioner had applied for allotment of residential unit at Greenfield Towers VIP Road, Zirakpur on 20.11.2006 and deposited booking amount of Rs. 50,000 with OP/Respondent. The Complainant was allotted Unit No. AV4, two bedroom, 5th Floor for a total sum of Rs. 17,50,000. The Complainant paid a total sum of Rs. 15,75,000. The possession of the residential unit was to be given on or before 21.11.2008 as per allotment order issued by OP/Respondent. According to the Complainant, the OP failed to handover possession of the unit by 21.11.2008 and instead stopped the construction of the apartments. The Complainant vide letter dated 24.1.2009 requested the Respondent either to handover the possession of the residential unit or to refund the entire money with interest. The OP/Respondent failed either to deliver possession or return the money on account which the Complainant approached District Forum for direction to deliver possession of residential unit or to refund the amount deposited by him with 18% interest thereon as also compensation @ Rs. 5 per sq. ft. per month w. e. f. 1.12.06 till possession is handed over. In addition, a sum of Rs. 2,00,000 as compensation for mental tension and harassment and Rs. 3,00,000 as punitive damages for unfair trade practice.

(2.) In the written version filed by the OP/ Respondent on 28.5.2009, it was stated that the delay was beyond the control of OP/Respondent and that the construction of the residential units shall be completed in near future. The District Forum accepting the plea of the Respondent/OP that the construction was going on at full swing and the same shall be completed early and the possession would be delivered without any unnecessary delay directed the OP to deliver the possession of the flat/unit by completing the construction without any delay. The District Forum also ordered that till the possession is delivered, the OP is directed to pay to the Complainant a compensation of the rate of Rs. 5 per sq. ft. per month w. e. f. 1.12.2006 till the last day of the month in which the possession is delivered. This order of the District Forum was challenged by both the parties before the State Commission.

(3.) Before the State Commission, Counsel for the OP had submitted that the flats/ units are under construction and they are nearing completion and soon they would be completed and handed over to the buyers. On the basis of this statement made by the Counsel for the OP, the State Commission held that there was no justification for OP to refund the amount paid. The appeals were disposed of with modifications. The petitioner has challenged the order of the State Commission in revision.