ANAND LIFE SPACE DEVELOPMENT LLP Vs. MOHIT BHALLA

JUDGEMENT

(1.) This appeal under Sec. 51 read with Sec. 58 of the Consumer Protection Act, 2019 (in short, the 'Act') challenges the order dtd. 6/9/2022 of the State Consumer Dispute Redressal Commission, Uttar Pradesh, Lucknow (in short, the 'State Commission') in consumer complaint no. 45 of 2022 allowing the complaint and directing refund of the amount of Rs.27,81,324.00 deposited by the complainant/respondent herein with compensation as interest @ 10% p.a. from the date of deposits till payment along with Rs.2,50,000.00 towards rent and monetary loss, Rs.2,00,000.00 towards rent paid, Rs.1,00,000.00 for mental agony and Rs.25,000.00 as legal expenses within 30 days of the order. This order is impugned before us praying to set aside the order and for order(s) as deemed fit and proper in the facts and circumstances of the case.

(2.) As per the report of the Registry there is a delay of 12 days in filing the appeal. The same is condoned in the interest of justice.

(3.) The relevant facts of the case, in brief, are that the Respondent booked Row House No. 17, Block Kaveri, 'Jeevan Sukh', Bareilly, a project developed and executed by the Appellant on 17/4/2018 for a sale consideration of Rs.29,07,982.00. An Agreement to Sell was executed between the parties on 18/4/2018. Construction was promised to be completed by June, 2020 subject to force majeure circumstances. Respondent paid Rs.27,66,122.00 for which he obtained a loan from ICICI Bank. Despite payment of 95% of the consideration, the Respondent alleges that the Appellant stopped the project in 2019 and has neither re-commenced the project nor provided any assurance of its completion. Alleging unfair trade practice the Respondent filed a complaint before the State Commission which was disposed of on contest by way of the impugned order.