EXPRESS PROJECTS PRIVATE LIMITED Vs. MANJU

JUDGEMENT

(1.) This Appeal has been filed by the Appellant against the order dtd. 25/3/2021 of the State Consumer Disputes Redressal Commission, Delhi (in short 'State Commission') in Appeal No.101/2017 and 1/2/2022 in EA/04/2022.

(2.) Case of the Complainant/Respondent is that she booked Floor/Apartment No.E/24/00 with the Appellant/Opposite Party in the housing project "Express Homz", Express City, Sector-35, Sonepat, Haryana for a consideration of Rs.32,63,400.00 Builder buyer agreement was executed between the Parties on 1/12/2011. As per the Agreement, possession of the Floor/Apartment was to be handed over within 30 months from the date of the Agreement. The Complainant paid an amount of Rs.34,65,586.00 to the Opposite Party. On 21/2/2015, the Opposite Party sent offer of possession to the Complainant, alongwith a demand of Rs.4,61,988.00. The Complainant paid the said amount to the Opposite Party, after deducting the delay charges as mentioned in the letter dtd. 21/2/2015. The Opposite Party, however, failed to deliver the possession of the flat in question. Alleging deficiency in service on the part of the Opposite Party, a Consumer Complaint was filed before the State Commission with the following prayer: -

(3.) Despite service of notice, the Opposite Party failed to file the written statement within the stipulated period. The State Commission, therefore, closed the right of Opposite Party to file the written statement. The Complaint filed the Evidence and Written Submissions.