MADHURIMA KUMARCOMPLAINA Vs. ANSAL HOUSING AND CONSTRUCTION LTD

JUDGEMENT

(1.) Aggrieved by the deficiency in service on the part of the O.Ps. in not completing the construction and handing over possession of the commercial flat, booked by the complainant, by the stipulated time, complainant has filed the instant complaint claiming refund of the amounts already paid to the O.Ps. with interest, compensation and cost of litigation.

(2.) Being induced by the O.Ps. the complainant, on 25.9.1995, booked one commercial flat having a tentative area of 617 sq. ft. for Rs. 13,88,250 by paying 10% as booking amount. Subsequent payments were construction linked as the commercial flat was to be constructed in a commercial complex of Plot No. 1, J-Block, Commercial Centre, Rajouri Garden, New Delhi. Up to 29.9.1998, the complainant made payment of Rs. 7,65,887. As per the Agreement between the parties, the construction was to be completed by 1999 and the complainant was assured that the construction would be completed by then. But inspite of his having made payment of Rs. 7,65,887 against the construction amount of Rs. 13,88,250, there was no trace of construction at the site. As a result, he asked for the refund of the amount paid with interest. However, the respondent did not refund the amount and consequently the complainant filed the instant complaint before this Commission claiming the following reliefs :

(3.) It is pertinent to mention at this stage that during the pendency of this complaint, the respondent had made payment of Rs. 5,05,787 on 11.4.2005 as per interim orders of this Commission.