KAMAL GIROTRA Vs. ANSAL CROWN INFRABUILD PVT. LTD

JUDGEMENT

(1.) The present Execution Application has been filed by Mrs. Kamal Girotra and S.C. Girotra, the Complainants/Decree Holders, against M/s Ansal Crown Infrabuild Pvt Ltd and its Directors, hereinafter referred to as Opposite Parties/Judgment Debtors.

(2.) Brief facts of the Case are that the Complainants had booked a Residential Apartment vide their Application dtd. 12/8/2012 in the Group Housing Project, namely, "Ansal Crown Heights", proposed to be developed by the Opposite Parties, whereupon vide Letter dtd. 15/9/2012 Flat No. 102, Tower-4 of the Project, having approximate Super Area of 1788 sq. ft., against total sale consideration of Rs.70,23,264.00, was allotted to the Complainants. The Complainants had paid ? 56,19,972/- to the Opposite Parties. A sum of ? 2,36,000/- was adjusted by way of reduction in the per sq. ft. rate from ?3,300/- to ?3,168/- and the said amount was mentioned as special discount in the ledger of the Opposite Parties. The Flat Buyer's Agreement was executed on 23/9/2016 (after 4 years" delay) and the possession was required to be handed over on or before 23/3/2018. Since the Project was not complete within the stipulated period, the Complainants were not interested in taking possession of the Apartment and accordingly sent various representations/letters to the Opposite Parties, seeking refund of the amount paid but of no avail. Feeling aggrieved, the Complainants filed the Consumer Complaint before this Commission, alleging deficiency in service and seeking refund of the amount paid along with interest and compensation. The Opposite Parties filed their written version, denying the allegations leveled in the Complaint. On appreciation of the evidence adduced by the Parties and the material available before it, this Commission vide Final Order and Judgment dtd. 28/12/2021 partly allowed the Complaint, observing/directing thus:

(3.) The Opposite Parties did not comply with the directions given in the Final Order and Judgment dtd. 28/12/2021 and, therefore, the Complainants have filed the present Execution Application, seeking execution of the aforesaid Order. The Complainants have, inter alia, stated that the Opposite Parties/Judgment Debtors have not complied with the directions given by this Commission vide Order dtd. 28/12/2021 and thus they are liable to pay interest @ 12% on the principal amount of ?59,16,972/-. In the Execution Application, the Complainants have prayed for the following directions: