JAINA PROPERTIES PRIVATE LTD Vs. KAVITA KATARIA

JUDGEMENT

(1.) This appeal has been filed by the opposite party, Jaina Properties against the order of the District Forum dated 18.8.91, directing them to deliver the possession of the space in dispute to the complainant by 31.12.91, and in case they failed to do so, to refund the entire amount of Rs.33,950/- with interest @ 18% p. a. from the date of the first deposit till the date of payment within 30 days after 31.12.91.

(2.) Briefly the facts are that the complainant had booked a commercial space with the builder. She deposited an amount of Rs.33,950/- from time to time as demanded by the builder. It was alleged that the builder failed to deliver the possession of the premises to her. Consequently, she filed a complaint for directing the respondent to deliver possession of the space and in the alternative to refund the amount. The complaint was contested by the respondent. They inter-alia pleaded that they were not in a position to deliver the possession of the space to the complainant as C and D had not been issued by the DDA. Consequently the above order was passed by the District Forum.

(3.) The only contention of the learned Counsel for the appellant is that in case two months time more be given to the builder they will deliver the possession to the complainant. We have duly considered the argument. The order was pronounced on 18.9.91. About 3- months time was given to the builder to deliver the possession of the space. However, they failed to do so. The respondent is not in a position to deliver possession till date. We do not find sufficient reasons to extend the said period. Consequently we reject the submission of the learned Counsel. For the aforesaid reasons we do not find any merit in the appeal and dismiss the same. No costs.