MANAS DEVELOPERS Vs. MADHUR ARJUN BHABAL

JUDGEMENT

(1.) The brief statement of facts of this case is as follows. M/s. Manas Developers, the petitioner/OP, are the Builders and Developers. They allotted flat No. 804, located at 8th floor, measuring 669 sq.ft., to the complainants, Sh. Madhur Arjun Bhabal and Smt. Mangal Arjun Bhabal, in this case, on 24.08.2005 and their agreement was registered on 31.10.2005. It was agreed that they would pay the price of the flat in the sum of Rs.7,35,900/ -. The OP received a sum of Rs.75,000/ - at the time of execution of the said agreement. The complainants have paid the following amounts, in the year 2007, as mentioned at page 20 of the paper -book : - <FRM>JUDGEMENT_19_LAWS(NCD)3_2015.htm</FRM>

(2.) THE complainants also paid transfer fee of Rs. 19,000/ - and stamp duty, registration fee and copying fee of Rs.35,850/ - to the OP.

(3.) THE only controversy which swirls around the question is, "Whether, the above said amount was paid within the prescribed period or the complainants were defaulters or they did not pay the interest up till now -. This is an admitted fact that the complainants are defaulters. They did not pay the amount, on time. However, their delayed amounts were accepted by the OP. This is also an indisputable fact that they did not pay the interest @ 18% p.a., as agreed in the Agreement. The District Forum passed the following order : -