ARIHANT SUPERSTRUCTURES LTD Vs. PUSHPA AGARWAL

JUDGEMENT

(1.) This Appeal has been filed by Arihant Superstructures Ltd., under Sec. 51 of the Consumer Protection Act, 2019 (hereinafter referred to as "the Act"), challenging the Order dtd. 13/9/2021, passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur in Consumer Complaint No. 9 of 2017, whereby the State Commission has allowed the Complaint and directed the Appellant herein to refund the amount of Rs.26,80,340.00along with interest @ 9% per annum as also the compensation of Rs.,1,00,000.00 for mental agony and litigation cost of Rs.10,000.00.

(2.) The relevant facts leading to the present First Appeal are that the Complainant/ Respondent herein, on 21/10/2012 had booked a Flat No. Belita-702, admeasuring 1090 sq. ft. in "Arihant Adita", the project of the Opposite Party/ Appellant herein. Thereafter, on 7/11/2012, the Agreement for Sale was executed between the Appellant and the Respondent for the aforesaid Flat for a total sale consideration of Rs.26,00,000.00. Vide Letter dtd. 19/11/2012, the Appellant informed the Respondent that the Construction will be completed by 31/7/2014, and Completion Certificate will be provided by that time. Based on the said Letter, the Respondent took equitable mortgage loan from the State Bank of Bikaner and Jaipur, Kota Branch. It is averred by the Complainant/Respondent in the Complaint that she had timely deposited all the installments as per payment plan and in total she had paid an amount of Rs.26,80,340.00 to the Appellant. It is alleged that despite collecting the entire sale consideration, the Appellant failed to give possession and the Completion Certificate of the Flat by 31/7/2014, due to which she was deprived of Income Tax Rebate. On 1/10/2015, the Appellant had offered the possession of the Flat without Completion/ Occupancy Certificate, which was not accepted by the Complainant/ Respondent on the pretext that she would not take possession of the flat until the Appellant provide a Completion Certificate. As the Appellant failed to obtain Completion Certificate and hand over possession of the Flat, the Complainant on 27/3/2017, through an Advocate, issued a Legal Notice to the Appellant, which was not responded by them.

(3.) Therefore, alleging deficiency in service and unfair trade practice on the part of the Appellant, the Complainant approached the State Commission seeking refund of amount of Rs.26,80,340.00 with interest @ 24% per annum as also compensation of Rs.2,00,000.00 for mental agony and litigation cost.