BUILDMORE INDIA LTD Vs. PRADEEP KUMAR GUPTA

JUDGEMENT

(1.) The present Miscellaneous Application No. 200 of 2016 has been filed by the Respondent/Complainant praying for issuance of the Non-Bailable Warrants against the Petitioners, Shri Prabjit Singh and Smt. Man Mohan to recover the principle amount along with interest.

(2.) Succinctly put, the material facts relevant for disposal of the Miscellaneous Application No. 200 of 2016 are that the Complainant/Applicant herein, booked a two-bedroom flat with the Petitioner i.e. M/s. Buildmore India Ltd. (hereinafter to be referred to as 'the Builder') in a Project christened as "Classic Homes' Loni, Ghaziabad. He deposited total sum of ?2,44,996/-- with the Builder but the possession was not handed over to him. The Complainant sent a letter dtd. 18/1/2010 to the Builder followed by a Legal Notice dtd. 18/6/2010, seeking possession of the Flat or in the alternative, refund of the amount paid by him along with 24% per annum interest. Consequently, he approached the concerned District Forum by way of a complaint, seeking completion and possession of the flat along with penalty charges as per the agreement.

(3.) On appraisal of the facts of the case, the District Forum, vide its order dtd. 12/11/2013 directed the Builder to refund the amount of ?2,44,996/- to the Complainant along with interest @ 9% per annum w.e.f. 18/9/1999 when the last installment was paid. The Builder was also directed to pay a sum of ?5 lacs as compensation to the Complainant.