ALIENS DEVELOPERS (P) LTD. Vs. KRATI RUNGTA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 8.10.2013 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Consumer Complaint No. 16/2012 Smt. Krati Rungta Vs. M/s. Aliens Developers (P) Ltd. by which, complaint was partly allowed.

(2.) Brief facts of the case are that complainant/respondent booked flat with OP/appellant on 18.11.2006 for a sale consideration of Rs.44,70,325/- and made total payment of Rs.23,63,561/- from time to time. As per agreement, construction was to be completed within 3 1/2 years and OP was to pay Rs.3/- per sq. ft. per month for delay in delivery of possession. It was further submitted that OP has not made any progress towards construction, so, claim for refund of amount with interest vide notices dated 25.7.2011, 30.8.2011 and 7.9.2011 were sent but OP did not respond. Alleging deficiency on the part of OP, complainant filed complaint before State Commission. OP did not appear and his written statement was closed. Later on, OP appeared and submitted written submissions. Learned State Commission after hearing both the parties allowed complaint and directed OP to refund Rs.23,63,561/- with 15% p.a. interest from the date of last payment till realization and further directed to pay compensation and cost of Rs.5,000/- against which, this appeal has been filed.

(3.) Heard learned Counsel for the parties and perused record.