DINESH GOYAL Vs. SEPSET PROPERTIES PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a)(i) read with sec. 12(1)(a) of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Dinesh Goyal (hereinafter referred to as the Complainant) against M/s Sepset Properties Private Limited (hereinafter referred to as the Opposite Party) seeking refund of Rs.88,38,521.00 (Rupees Eighty One Lakh Thirty Eight Thousand Five Hundred and Twenty One) paid by him against the total consideration of the Unit booked along with interest.

(2.) The Complainant stated that as per Clause 4 of the Addendum to the Agreement the Opposite party also increased the total consideration of the Unit to Rs.1,12,62,400.00 (One Crore twelve lakh Sixty Two Thousand Four Hundred Only). He further stated that the Opposite party has collected a sum of Rs.88,38,521.00( Eighty Eight Lakh Thirty Eight Thousand Five Hundred Twenty One Only) from the Complainant by February 2017 itself. However, despite collecting substantial amount of money, the Opposite Party failed to deliver the possession of the Unit as per promised date of possession i.e. by April 2017 (including the grace period).

(3.) The Complainant stated that the Opposite Party issued the letter for offer of possession on 24/1/2019 after delay of more than 2 years from the promised date of possession which has frustrated the purpose behind purchasing the Unit. Further, the Project and the Unit is still under construction.