SOMENDER GAUTAM Vs. ANSAL HOUSING & CONSTRUCTION LTD.

JUDGEMENT

(1.) This Appeal has been filed by the Complainant against the impugned Order dtd. 14/3/2018 passed by the State Consumer Disputes Redressal Commission, Delhi directing the Respondents to refund the principal amount to the Complainant along with interest.

(2.) The factual background, in brief, is that in the year 1997, the Complainant was looking to purchase a residential property in and around Delhi when he was approached by the Opposite Parties/Respondents who offered their services. The Complainant was solicited to purchase Plot No. B-C067 at Golf Links, Greater Noida, initially registered in the name of one Ms. Rajni Bhatia, which was later transferred to Mrs. Geeta Singhal, and subsequently transferred to the Complainant. The changes in the allotment were approved by the Opposite Party No. 1 vide letter dtd. 9/5/1997. This was followed by an allotment letter dtd. 4/5/1998, allotting Plot No. 75 in Block B to the Complainant for a total consideration of Rs.6,46,217.95. The Complainant changed his residential address within New York, United States of America, and informed the Opposite Parties via telephone and a letter dtd. 26/6/2000. However, the Complainant was not given possession of the plot in Golf Links, Greater Noida, and the allotment was cancelled despite having made payments totalling Rs.5,95,350.83. Aggrieved by the deficiency in service and unfair trade practices on the part of the Opposite Parties, the Complainant filed his Complaint before the Ld. State Commission, Delhi.

(3.) The Ld. State Commission vide the impugned Order dtd. 14/3/2018 partially allowed the Complaint and directed the Opposite Party to refund the principal amount deposited to the Complainant with interest @ 12% p.a. The relevant extracts of the impugned Order are set out as below '