RAJENDRA KUMAR MITTAL Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) This appeal under Sec. 51(1) of the Act 2019 is in challenge to the Order dtd. 7/5/2021 of the State Commission in complaint no. 1219 of 2016.

(2.) Mr. Rabindra Singh, learned counsel appears for the appellants (the 'complainants'). No one appears for the respondents (the 'builder co.') though it has full knowledge of the case and is represented through counsel.

(3.) A perusal of the record shows that this is a builder-buyer dispute. Briefly, the complainants paid a sum of Rs.42,00,000.00 to the builder co. on 9/7/2005 and a sum of Rs.44,250.00 on 10/10/2005 for a residential unit. The builder co. vide its letters dtd. 29/12/2010 (02 nos.) offered possession of the unit with concomitant stipulation that certain demand as per a 'final statement of account' referred to therein together with stamp duty and mandatory additional open car parking space may be cleared and a 'no dues letter' obtained which will be required at the site for final finishing of the unit for physical possession. The builder co. sent letters dtd. 23/5/2011, 15/2/2012, 11/9/2012 and 18/12/2015 vide which inter alia interest for delay in making payment, holding charges and maintenance charges were also asked for. In the letter dtd. 18/12/2015 a total amount of Rs.26,34,690.00 was demanded. Inter alia aggrieved by the additional demand(s) by the builder co. the complainants approached the State Commission. The State Commission dismissed their complaint on limitation.