AKASH GUPTA Vs. MAHIMA REAL ESTATE PVT. LTD.

JUDGEMENT

(1.) This first appeal has been filed under section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 30.09.2016, passed by the Rajasthan State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in Consumer Complaint No. 65/2015, filed by the present appellant, vide which, the said complaint was partly allowed and the opposite party (OP) was directed to refund the deposited amount of Rs. 6,36,721/- with interest @ 10% per annum from the date of filing the complaint and Rs. 1 lakh as compensation for mental agony and Rs. 1,000/- for litigation expenses. The complainant has filed the present appeal, seeking enhancement of the compensation awarded to him by impugned order.

(2.) The facts of the case are that the appellant/complainant booked a residential flat in the project "Mahima Nirvana", floated by the opposite party (OP) builder, Mahima Real Estate Pvt. Ltd. at Ajmer Road, Jaipur. The flat no. D-1001, 2 BHK, type-'A' with an built-up area of 1174 sq. ft. for a consideration of Rs. 32,44,800/- was allotted to the complainant by the OP. The complainant deposited a total sum of Rs. 6,36,721/- with the OP on various dates. An agreement for the sale of the flat was also signed between the complainant and the builder on 11.02.2014. The complainant got loan approved from the State Bank of India and a sum of Rs. 26,80,000/- was released by the Bank to the builder's Bank account. The complainant was informed by the OP in January, 2015 that the flat was ready for possession. However, the complainant asked for documents like the occupation certificate, NOC from Jaipur Development Authority (JDA) and environmental clearance etc., but as stated in the consumer complaint, the OP refused to provide those documents and also returned the Bank loan wilfully. Alleging that the OP builder had indulged in unfair trade practise by refusing to give flat to the complainant, even after receiving the advance amount, the complainant filed the consumer complaint in question, seeking possession of the said flat or in the alternative, to refund the amount deposited by him i.e. Rs. 6,36,721/- and the interest paid to the State Bank of India, which amounted to Rs. 1,47,000/- along with 24% interest. The complainant also demanded a compensation of Rs. 20 lakhs for gross negligence and mental agony on the part of the OP.

(3.) The OP builder filed reply to the complaint before the State Commission, in which they stated that the complainant had himself made foreclosure of the Bank loan, following which, they had made payment of the loan amount to the Bank and as such the complainant was not a consumer of the OP anymore. The OP admitted about booking of flat no. 1001 by the complainant with the OP and stated that a tripartite agreement was signed between the complainant, the OP and the Bank on 11.02.2014 and the sale agreement was also signed on the same date. The offer of possession was made on 09.01.2015 and the complainant was asked to deposit 5% remaining amount and also to repay Rs. 40,604/- as penalty interest for delay. The agreement was, however, dismissed by the complainant himself and the EMI Bank account was closed by him on 21.04.2015. A 'No Dues Certificate' was also issued by the State Bank of India on 08.06.2015. The complainant was also asked to submit the basic documents with the OP, so that the remaining deposits of the complainant could be refunded. The OP has sent a final opportunity letter to the complainant on 18.03.2015, in which he was requested to pay all amounts due and get registration done within seven days, or otherwise the allotment of flat would be cancelled.