ANIL FRANKLIN Vs. PARAMOUNT VILLAS PVT. LTD

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 51 of the Consumer Protection Act, 2019 (hereinafter referred to as 'the Act') against the Order dtd. 4/5/2021 passed by the learned State Consumer Disputes Redressal Commission, Delhi (hereinafter referred as 'the State Commission'), in Consumer Complaint No.17 of 2013 filed by the Appellant/ Complainant wherein the State Commission partly allowed the complaint and directed the Respondent/Opposite Party to refund an amount of Rs.4,30,000.00 to the Appellant/ Complainant on or before 31/7/2021 failing which, the Opposite Party will be liable to pay an interest @ 9% p.a. on the said amount calculated from 31/7/2021 till the actual realization of the amount.

(2.) The delay of 13 days in filing the present Appeal has been dealt with vide Order dtd. 28/7/2022 passed by this Commission and the delay has been condoned.

(3.) Brief facts of the Case are that the Complainant's sister, Ms. Shirley Nita Singh (hereinafter referred to as 'the sister') was working as Assistant Nursing Superintendent and was looking for a suitable accommodation for herself and her brother Mr. Anil Franklin (the Appellant/Complainant). Allegedly, she was approached by the executives of the Opposite Party, who offered booking in their project by the name 'Paramount Golfforeste Villas'. Impressed by the representations made by the OP, Ms. Shirley Nita Singh booked two residential units, one for herself and one for the present Complainant, since the Complainant was not having any source of his own. Two cheques amounting to Rs.50,000.00 were issued by the sister to book two flats, out of which, Unit No. C-151, was booked in the name of the Complainant. However, the cheque No. 462801 for Rs.50,000.00 issued for the booking of unit No. C-151 was returned by the bank on the ground of Overwriting. Thus, another cheque No. 462805 for Rs.50,000.00 was issued in favour of the OP as the booking amount. Thereafter, another payment of Rs.3,80,000.00 was made to the OP for the flat in question, vide cheque No. 462806 on 20/4/2011 by the Complainant's sister.