TDI INFRASTRUCTURE LIMITED Vs. UMED SINGH

JUDGEMENT

(1.) This appeal under Sec. 51 of the Consumer Protection Act, 2019 (in short, the 'Act') is directed against the order dtd. 24/5/2022 of the Delhi State Consumer Disputes Redressal Commission, Delhi in Complaint no. 859 of 2017 allowing the complaint and directing the opposite party (appellant herein) to refund the complainant (respondent herein) Rs.25,77,585.00 received towards consideration of the flat booked by the respondent with interest @ 6% till 24/5/2022 from the respective dates of deposit within 2 months failing which with interest @ 9% p.a., Rs.1,00,000.00 for mental agony and harassment and Rs.50,000.00 towards litigation cost.

(2.) We have heard the learned counsel for the parties and perused the records. The delay of 233 days in the filing of the appeal was considered in light of the application seeking condonation of the delay. For the reasons stated therein, the delay was condoned in the interest of justice.

(3.) The relevant facts of the case, in brief, are that appellant had allotted respondent a 3 BHK unit no. RF-67/TF, 3rd Floor admeasuring 113.71 sq m in its project Espania Royale Floors, Kamaspur, NH-1, Sonepat, Haryana vide allotment letter dtd. 5/1/2013. A Builder Buyer Agreement (BBA) was executed on 11/2/2013 as per which respondent agreed to make payments as per a Construction Linked Plan. The sale consideration agreed was Rs.27,49,085.00 and possession was promised within 30 months from the date of the Agreement. Respondents paid the appellant Rs.25,77,585.00 towards the sale consideration in various tranches and thereafter stopped making payments. According to the appellant this was despite several reminders. Respondents approached State Commission in CC No. 859 of 2017 in May 2017 which came to be decided on contest in favour of the respondents. This order is impugned before us.