KDP BUILDWELL PVT. LTD. Vs. PANKAJ SINGH

JUDGEMENT

(1.) This appeal has been preferred in challenge to the Order dtd. 8/1/2019 of the State Commission in complaint no. 323 of 2017. The appeal has been erroneously filed under Sec. 21(b) of The Consumer Protection Act, 1986; it is however being taken up under Sec. 19 of the Act which deals with 'Appeals' to this Commission against an order made by the State Commission in exercise of its powers under Sec. 17(a)(i).

(2.) Heard the learned counsel for the appellant (the 'builder co.') and the learned counsel for the respondent (the 'complainant'). Also perused the record including inter alia the State Commission's impugned Order dtd. 8/1/2019 and the memorandum of appeal.

(3.) The matter relates to a builder-buyer dispute. Briefly, the builder co. entered into an agreement with the complainant on 23/6/2013 in respect of a residential unit. The assured date for delivery of possession of the subject unit was 36 months from the date of execution of the agreement. The same elapsed on 22/6/2016. Delivery of possession was not made within the assured period, nor was it even made within a reasonable period thence (reasonable period here would connote a period which may appear reasonable per se and which a reasonable man of ordinary prudence would not normally agitate or object to). The State Commission ordered the builder co. to refund the deposited amount with compensation in the form of simple interest at the rate of 18% per annum from the respective dates of deposit till actual realisation. It also awarded Rs.10,000.00 as cost of litigation.