VEENA KHANNA Vs. ANSAL PROPERTIES AND INDUSTRIES LTD

JUDGEMENT

(1.) IT is the say of the complaint that in response to the advertisement for construction and sale of flats by the Opposite Party Nos. 1 & 2, the Complainant offered to purchase a flat for a total consideration of Rs.23,33,344/-, and an agreement to this effect was entered into between the parties on 9.7.1996. Thereafter, the Complainant paid a sum of Rs.15,12,000/- on different dates till 16.1.1998, and stopped payment of the balance amount as there was no progress of construction work. The Complainant states that the Opposite Party No. 1 vide its letter dated 9.1.1998 agreed to deliver the possession of flat by 1.6.1999. But the flat was not constructed and hence, not delivered.

(2.) FOR this deficiency in service on the part of the Opposite Parties the Complainant demanded refund of the deposited amount with interest at the rate of 18% pa. which the Opposite Party refused to pay. Hence, complaint No.251/2000 was filed on 13.9.2000 before the State Commission, Delhi. By judgment and order dated 6.12.2005, the State Commission, Delhi, allowed complaint and directed the Opposite Party to refund the amount of Rs.15 lakhs with interest at the rate of 13% p.a. from the date of deposit of the last installment till the date of payment. Interest at the rate of 13% was allowed as the Complainant arranged the amount by way of loan at the said rate. In the alternative, it is also directed that if the Opposite Parties choose to handover the possession of the flat , the order of refund with interest will not come into operation.

(3.) LEARNED counsel for the appellant submitted that the complainant was ready and willing to take possession of the flat but there was unusual delay on the part of the builder to construct the flats. It is further contended that the complainant being a Govt. employee, could not take risk for years and wait. Hence, she was required to file complaint for refund of the amount with interest and adequate compensation.