BAJWA DEVELOPER LTD Vs. KESHAVE KUMAR

JUDGEMENT

(1.) The respondents/complainants booked residential apartments with the petitioner Co. in a housing project in Sector-74-A, Mohali which the petitioner was to develop under the name and style of Sunny Apartments. The sale consideration in each allotment was agreed at Rs. 24,00,000 and part payment was made to the petitioner. According to the complainants, the construction was to be completed within a period of 18 months. The petitioner having failed to complete the construction, the complainants approached the concerned District Forum by way of separate consumer complaints seeking refund of the amount paid by them along with interest @ 18% p.a. and compensation of Rs. 5,00,000 for the mental harassment and stress undergone by them.

(2.) The complaints were resisted by the petitioner which pleaded that on account of default in payment of instalments, the amount paid by them was liable to be forfeited. It was further stated in the written version filed by the petitioner that the approval was under process and it would take some time for obtaining the said approval and delivering possession of the flats.

(3.) The District Forum directed the petitioner to refund the amount received from the complainants but did not award any interest to them. Being aggrieved, they approached the concerned State Commission by way of separate appeals. Vide impugned order dated 11.4.2017, the State Commission directed the petitioner to pay interest @ 12% p.a. to the complainants on the amount paid by them. The District Forum had also awarded Rs. 25,000 in each complaint as compensation for the mental agony and harassment besides Rs. 5,000 as cost of litigation. The aforesaid direction was maintained by the State Commission. Being aggrieved by the State Commission's order, the petitioner is before this Commission by way of this Revision Petition.