COL. PERMINDER SINGH Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The present Complaint had been filed by the Complainant before the State Commission for refund of the amount paid to the Opposite Party on different dates for two flats T19-1501 and T20-1702 in the project of the Opposite Party called "Parsvnath Privilege". The flats were booked on 27/28/4.2006 and an agreement was executed on 3/10/2007. Subsequently, on 8/8/2012, in lieu of these two flats, another flat No.T17-903 was allotted to the Complainant and the amount paid towards the earlier two flats was transferred for the allotment of this one flat. On several dates, the payments were made by the Complainant before the date of delivery of possession and the subject flat was to be given within 36 months plus six months grace period. However, since there was no offer of possession till the year 2016, the Complaint was filed by the Complainant before the State Commission.

(2.) The State Commission vide its order dtd. 29/11/2019 returned the Complaint for presentation in the National Commission in terms of "Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., I (2017) CPJ 1 (NC). Thereafter, the present Complaint has been filed by the Complainant. The evidences had been recorded by the State Commission and therefore, this Commission had started hearing the parties from the stage of final arguments.

(3.) During the course of arguments, learned Counsel for the parties submit that it is a covered case covered under the several judgments of this Commission. It is submitted by the parties that in majority of such decisions, this Commission while ordering refund and has awarded compensation in the form of interest @ 9% p.a.