DWARKADHIS PROJECTS PVT. LTD. & ANR. Vs. ASHOK KUMAR S/O MAHAVIR PRASAD, C/O M/S SHADIRAM BHAVANI SAHAI, OLD SABJI MANDI DISTT. REWARI HARYANA

JUDGEMENT

(1.) Costs paid.

(2.) This Revision Petition by a Real Estate Developer, M/s Dwarkadhis Projects Pvt. Ltd., and its Directors, is directed against the order dated, 03.07.2015, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short "the State Commission") in First Appeal No. 434 of 2015. By the impugned order, the State Commission has affirmed the order, dated 11.03.2015, passed by the District Consumer Disputes Redressal Forum at Rewari (for short "the District Forum"). By the said order, the District Forum, while allowing the Complaint filed by the Complainant, Respondent herein, had directed the Petitioners to refund to the Complainant the amount deposited by him from time to time alongwith interest @ 12% per annum from the date of respective deposits till payment. The District Forum had also awarded a compensation of Rs. 40,000/- for mental agony and physical harassment, besides litigation expenses of Rs. 11,000/-.

(3.) The case of the Complainant before the District Forum was that he had booked a flat with the Petitioners, admeasuring 1200 sq. feet, at a total cost of Rs. 17,85,600/-. The said amount was to be paid in instalments, depending on the progress in construction, inasmuch as each instalment was related with the casting of a roof and finishing etc. The Complainant had deposited with the Petitioner Company a sum of Rs. 9,74,160/- between the period from 15.12.2006 to 15.02.2009, which, according to the schedule of payment, covered the start of second floor slab. According to the Complainant, when he found that there was no construction at the site, he stopped making payment of further instalments from the stage of casting of third floor slab. Since, according to the Complainant, there was no progress at construction at the site, at all, what to talk of casting of second floor slab, the stage up-to which he had paid instalments, he requested the Petitioners to refund the total amount deposited by him from time to time. Having failed to elicit any positive response from the Petitioners, he filed the Complaint before the District Forum.