OMAXE LTD. AND ANOTHER THROUGH ITS CHAIRMAN/MANAGING DIRECTOR, 7, LOCAL SHOPPING CENTRE, KALKAJI, NEW DELHI Vs. DR. AMBUJ CHAUDHARY S/O SH. AMAR SINGH R/O HOUSE NO. 1824, SECTOR

JUDGEMENT

(1.) These two first appeals filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986, arise out of the impugned order dated 07.05.2012, passed by the U.T. Chandigarh State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Consumer Complaint No. CC-66/2011, filed by the complainant Dr. Ambuj Chaudhary against the Opposite Party (OP), M/s Omaxe Limited, Builder/Developer, vide which, the said complaint was allowed and the OPs were directed to refund the sum deposited with them by the complainant along with interest and compensation. The complainant has challenged the impugned order, seeking enhancement of compensation awarded by the State Commission, whereas the OP have sought dismissal of the consumer complaint upon various grounds.

(2.) Briefly stated, the facts of the case are that the OPs Builder/Developer floated a scheme for development of a group housing project at Pargana Dharampur, Tehsil Nalagarh, Himachal Pradesh under the name and style of "Omaxe Parkwoods". As per the complainant, the basic price of the flat booked by him was fixed at Rs.16,94,550.00, out of which 15% of the said price was to be deposited at the time of booking. Accordingly, the complainant deposited a sum of Rs.2,50,000.00 vide receipt No. 222360 dated 24.05.2006 and again deposited a sum of Rs.50,000.00 vide receipt No. 222403 dated 06.06.2006. As per the complainant, the OP Builder had undertaken to handover the possession of the property within 18 months from the date of booking. However, the OPs failed to start the construction on the project and they were not having necessary approvals even for the purpose, from the competent authorities. The complainant alleged that the OPs had allured the public by making false and misleading advertisement of handing over the possession within the said period. The OPs issued a letter dated 27.12008 to the complainant asking him to deposit the payment of instalments along with interest within 10 days. This was followed by another letter dated 11.02009 intimating about the outstanding amount of Rs.13,57,3250ps. They further promised that the possession of the property would be delivered within 18 months from the date of signing the agreement. Consequently, an agreement was executed on 19.03.2009 between the parties, whereby a flat bearing no. 302 in Gulmohar C-Tower at 3rd Floor was allotted to the complainant. The complainant also made payment of the outstanding amount of Rs.13,57,3250ps. in lump sum, after availing loan from the IDBI Bank limited, which was payable in 120 instalments of Rs.15,881.00 each. The complainant alleged that the period of 18 months from the date of agreement, i.e., 19.03.2009 had also expired on 19.09.2010, but there was no development activity on the site. Despite contacting the OPs several times, writing letters to them and also issuing legal notice dated 11.08.2011, there was no fruitful result in the matter; even the reply to the legal notice was not sent by the OP. The complainant filed consumer complaint in question, seeking the following relief:-

(3.) It was explained that the complainant had hired a rented accommodation where he stayed with effect from 01.04.2005 to 31.02008 and a payment of Rs.8,65,000.00 had been made as rent by the Fortis Hospital, where he was working.