MOTIA DEVELOPERS PRIVATE LIMITED Vs. PRIYA BOSE CHANDA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 4/5/2017 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh in Complaint no. 821 of 2019 allowing the complaint in part and directing the opposite party (appellant herein) to pay the complainant (respondent herein) the assured return @ 12 % p.a. from April 2018 till physical and legal possession of the unit along with Completion and Occupation Certificate along with Rs.22,000.00 as litigation costs.

(2.) We have heard the learned counsel for the parties and perused the records. The delay of 16 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 the respondents had booked a SOHO Unit in appellant's project Motia"z Workspace: Royal Business Park in Zirakpur for a sale consideration of Rs.37,70,000.00. On 4/5/2017 respondents paid Rs.1,00,000.00 as booking amount and thereafter Rs.3,69,825.00 and Rs.15,00,000.00 on 8/5/2017. Vide allotment letter dtd. 11/5/2017 unit no. 917, 9th Floor admeasuring 666 sq ft was allotted and a Buyer's Agreement was executed on the same day. Rs.19,69,825.00 was paid on 3/6/2017 and therefore the entire sale consideration of Rs.37,70,000.00 was paid on that date. On 20/4/2018 appellant asked complainants to complete preliminary inspection and finalize a date of taking possession. Thereafter it also stopped payment of Rs.33,930.00 per month as the 12% assured return under the terms of the allotment which was paid from 17/8/2017 to 18/4/2018. According to respondents, possession could not be taken as the unit was still incomplete and vide letter dtd. 7/7/2018 appellants were asked to resume payment of assured return followed by another letter dtd. 22/9/2019. On 4/4/2019 respondents conveyed willingness to take possession and sought resolution of the issue of assured returns which had stopped being paid. As no reply was received, CC No. 684 of 2019 was filed before the State Commission. However, the same was withdrawn on 18/9/2019 with liberty to file another complaint. Accordingly, CC 821 of 2019 was filed which came to be decided on contest by the impugned order.