GAURAV AGGARWAL Vs. UNIVERSAL INFRASTRUCTRE

JUDGEMENT

(1.) This appeal under Sec. 58 (1)(a)(iii) read with Sec. 51(4) of the Consumer Protection Act, 2019 (in short, the 'Act') read with Sec. 151 CPC has been filed challenging the order dtd. 21/9/2021 in EA No. 474 of 2019 in Consumer Complaint No. 50 of 2018 of the Punjab State Commission Dispute Redressal Commission, Chandigarh.

(2.) We have heard the learned counsels for the parties and perused the records carefully.

(3.) Briefly put, the relevant facts of the case are that the appellant had booked a flat in the project 'Taj Towers' being developed and executed by the respondents in Mohali. Unit No. 704, 7th Floor, Pictor Tower, Pearls City, Mohali was allotted for a consideration of Rs.65,37,000.00. Appellant filed Consumer Complaint No. 50 of 2018 under Sec. 17(1)(a)(i) of the Consumer Protection Act, 1986 before the State Commission seeking refund of the amount deposited towards the consideration of Rs.59,25,933.00 along with Rs.27,41,796.00 as interest @ 16% per annum from the date of payment till 22/1/2018 and Rs.86,67,729.00 as further interest @16% per annum from 22/1/2018 onwards along with Rs.3,00,000.00 as compensation on account of harassment and Rs.1,00,000.00 as litigation costs. The complaint was allowed by order dtd. 3/5/2018 directing the respondents/Judgment Debtors to deliver possession of the flat complete in all respects within 45 days along with Completion and Occupation Certificates from the competent authority along with interest on the amount deposited (Rs.59,25,933.00) @ 12% per annum with effect from 1/1/2017 and on deposits after 1/1/2017 from the respective dates of deposit till the date of actual delivery of possession. Opposite Party was also directed to pay Rs.1,00,000.00 as compensation for harassment and mental agony including cost of litigation. In case of failure to deliver possession within the stipulated, the opposite party was directed to refund the entire deposited amount with interest at 12% per annum from the respective dates of deposit till the date of actual payment along with Rs.1,00,000.00 as compensation for harassment, mental agony and cost of litigation.