POOJA CONSTRUCTIONS LIMITED Vs. SUBHASH PATEL AND ORS.

JUDGEMENT

(1.) Shri Subhash Patel and Smt. Kamla Patel, the complainants, booked a flat with Puja Constructions Limited/OP. They made the initial payment in the sum of Rs. 4,83,560. The payment schedule is reproduced as follows:

(2.) Legal notice was sent to the petitioner on 4.2.2010 where the complainants' demanded refund of the amount deposited by them towards the cost of the flat. The complaint was filed before the State Commission on 25.3.2010 i.e. after expiry of 25 months. The OP filed the reply on 14.7.2010. In para 5 of the reply, the petitioner admitted that the construction of the flat is continuing as per Rules. The building was not complete till July, 2010.

(3.) Both the Dora below allowed the complaint and directed the petitioner to pay a sum of Rs. 9,77,024 to the complainant along with interest @ 12%. Learned Counsel for the petitioner submitted that amount be awarded @ 9% per annum. The Dora below did not agree to his request.