BALWAN SINGH KAUSHIK Vs. ARDEE INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") against the Order dtd. 18/4/2017 passed by the learned State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as "the State Commission"), in Consumer Complaint No.36 of 2014, wherein the Complaint filed by the Complainants (Appellants herein) was partly allowed. The operative portion of Order dtd. 18/4/2017 is as follows:

(2.) Being aggrieved with the order directing for refund of the amount paid while the prayer was for possession, the Complainants (Appellants herein) filed the instant Appeal with the following prayer:-

(3.) The admitted facts of the case are that the Complainants (Appellants herein) on 30/12/2003 entered into an agreement to purchase a Shop No. B-1, Ground Floor, Gardenia Plaza (Ardee Mall) at Ardee City, Sector-52 Gurgaon from the Respondent (OP) for a total price of Rs.22,00,000,.00 excluding Rs.1,00,000.00 for one car parking. The shop was purchased for earning livelihood. As per the Clause 12 of the Agreement, possession was to be delivered within 18 months from the date of booking i.e. by 30/6/2005, with reasonable grace period. In terms of Clause 48 of the Agreement, the O.P. the OP was bound to pay penalty to the Complainant @ Rs.30.00 per Sq. Ft per month in case of delay in handing over the possession. The Complainants wrote several letters and emails to follow up seeking possession of the shop. The OP vide letter dtd. 14/4/2006 offered to lease out the shop @Rs.47.50 per Sq Ft and forwarded a Performa to the Complainants for their concurrence and signature, which included interest free security deposit equivalent to three months ' rent and escalation in rent @15% after three years for lock in period of 6 years.