PUSHPA BUILDERS LTD. Vs. S.K. SINGHAL

JUDGEMENT

(1.) APPELLANT which was the Opposite Party before the State Commission has filed this Appeal against the judgment and order dated 27.2.2007 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Complaint Case No. 76/ 1997 whereby the State Commission while allowing the complaint filed by the Respondent has directed the Appellant builder to refund the amount of Rs. 3,60,482 deposited by the Respondent towards price of the booked flat, along with interest @ 12% p.a. from the date of deposit till the date of order. Rs. 50,000 were awarded towards compensation for mental agony, harassment and physical, discomfort in addition to costs of Rs. 10,000.

(2.) APPELLANT , on being served, entered appearance and filed its written statement resisting the complaint, inter alia, on the ground that the Respondent initially booked the flat in Pushpa Vaishali Apartment but as it was on leasehold land, he made an application seeking allotment of the flat in Pushpa Aakash Apartments which was freehold. That the amount paid by the Respondent for purchase of flat in Pushpa Vaishali Apartment was adjusted against the flat purchased in Pushpa Aakash Apartments. The total consideration agreed to be paid was Rs. 4,18,000 whereas Respondent paid Rs. 3 lakh only. Since he did not make any payment thereafter the allotment of the flat was cancelled.

(3.) LEARNED Counsel appearing for the Appellant restricted his arguments to the point of interest only. He contended that C.F. No. 120 of 1994 was filed in the High Court for winding -up which was admitted and an Official Liquidator was appointed on 19.3.1998. In CP. No. 120 of 1994, High Court vide its order dated 7.9.2000, had restrained the respondent -Builder from selling, transferring, creating third party interest or parting with the possession of the immovable properties. Vide order dated 29.9.2003, Hon'ble High Court directed the Official Liquidator to take over the assets and records of the Appellant. That the appointment of Official Liquidator was revoked by the High Court on 21.5.2004 but till date the Official Liquidator has not released the properties and the documents of the Appellant. Appellant has placed the orders passed by the Hon'ble High Court referred to above, after taking permission from this Commission.