RIMLU GYANI Vs. EMAAR MGF LAND LTD

JUDGEMENT

(1.) The present Appeal has been filed challenging the order of the State Consumer Disputes Redressal Commission, Delhi (for short "the State Commission") dtd. 6/9/2018 in Complaint No.190 of 2016 whereby the Complaint of the Appellant was allowed and she was granted simple interest @ 9% p.a. on the amount, which had been deposited by her with the Respondent, for the period during which that amount remained with the Respondent.

(2.) The brief admitted facts of the case are that the Appellant/Complainant had booked a Unit No.TVM B3-F05-501 in the project of Respondent called "The Views" Sector-105, Mohali Hills, Mohali on 20/2/2007 and the total consideration amount of the said unit was Rs.55,80,250..00 A Builder Buyer Agreement was also executed between the parties on 4/2/2008. The due date of possession, as per the agreement, was 36 months from the date of allotment with grace period of 90 days, i.e. on or before 3/5/2011. Since the possession of the subject flat was not delivered by the Respondent within the stipulated period even after 5 1/2 years and on learning that the Respondent was not going to construct Tower B in which her flat was located, she asked for the refund of her money. Despite her demands for refund of her money, the money was not refunded till 12/12/2015. However, the deposited amount of Rs.15,71,325.00 was paid by the Respondent to the Complainant by way of cheque which was encashed on 14/12/2015. The Complainant aggrieved by the act of Respondent for not paying any compensation for the delay and for the mental harassment etc. caused to the Complainant, filed the Complaint claiming compensation before the State Commission. She also took the plea that the payment made by the Respondent had been adjusted by her against the interest which the Respondent was bound to pay to her.

(3.) Although in their written statement, various objections had been raised by the Respondent, however, their main contention had been that they were not entitled to pay anything to the Complainant as they had already refunded the deposited amount to her.