OMAXE LIMITED Vs. AMIT MISHRA

JUDGEMENT

(1.) THE Complainant Mr. Amit Mishra had booked a residential flat in the Omaxe Park Woods project of the revision petitioner M/s. Omaxe Ltd. An agreement in this behalf was executed between the two parties on 28.11.2006. Clause 28 (a) of this agreement enjoined-

(2.) THE builder/revision petitioner failed to deliver the flat within the stipulated period and therefore the Complainant sought refund of the amount paid by him. The entire deposit of Rs.12.9 lakhs was refunded to him by the revision petitioner, through two cheques of 8.12.2010. However, this payment was made without any interest on this amount. Therefore, a consumer complaint was filed before the District Forum Chandigarh on 3.1.2011 stating that:-

(3.) THUS, the entire consumer dispute has revolved around the issue of interest payable by the builder to the Complainant. While the complainant has claimed interest at 24%, the case of the respondent before the District Forum was that-