RAJENDRA M AGRAWAL Vs. PUSHPA BUILDERS LTD

JUDGEMENT

(1.) -Appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondents.

(2.) Undisputed facts of the case are that the appellant had booked a flat with the respondent Pushpa Builders Ltd. bearing A-1, IIIrd Floor, B Block of the complex, for a consideration, which was paid in full. But when despite the payment, the possession of the flat was not being given, a complaint came to be filed before the State Commission, who after hearing the parties allowed the refund of the deposited amount alongwith interest @ 18% from June, 1, 1992, upto the date of payment along with cost of Rs. 1,500. Not satisfied with this relief the appellant/complainant filed this First Appeal before us.

(3.) We heard the learned Counsel for the parties at some length. There are two pleas taken in the Memo of Appeal as well as before us and they relate to grant of interest from the respective dates of deposit and not from 1.6.1992 as directed by the State Commission and secondly the appellant is also entitled to damage of Rs. 1.5 lakh for negligence, mental agony and market escalation, etc.