BUILDMORE INDIA LTD Vs. PRADEEP KUMAR GUPTA

JUDGEMENT

(1.) The complainant/respondent booked a two bedroom flat with the petitioner in a project called "Classic Homes' Loni, Ghaziabad. He deposited a total sum of Rs. 2,44,996/- with the petitioner company but the possession was not handed over to him. The complainant claims to have sent a letter dated 18.01.2010 to the petitioner company followed by a legal notice dated 18.06.2010, seeking possession of the flat or in the alternative, refund of the amount paid by him alongwith 24% per annum interest. He approached the concerned District Forum by way of a complaint, seeking completion and possession of the flat alongwith penalty charges as per the agreement. The petitioner company remained ex-parte before the District Forum which, vide its order dated 12.11.2013, directed the petitioner company to refund the amount of Rs. 2,44,996/- to the complainant alongwith interest @ 9% per annum w.e.f. 18.09.1999 when the last installment was paid. The petitioner company was also directed to pay a sum of Rs. 5 lacs as compensation to the complainant.

(2.) Being aggrieved from the order passed by the District Forum, the petitioner company approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioner company is before this Commission by way of this revision petition. The complainant did not however, challenge the order passed by the District Forum meaning thereby that he did not insist upon getting possession of the flat and accepted the refund alongwith interest and compensation awarded by the District Forum.

(3.) When this revision petition came up for hearing on 29.10.2015, a limited notice was issued to the complainant as to why compensation of Rs. 5 lacs in addition to interest be not suitably reduced. The complainant who has appeared in person has drawn my attention to the order of this Commission dated 25.11.2008 passed in OP No. 393 of 2000, Classic Homes Apartment Vs. Buildmore India Ltd. which reads as under: