SHWETA SHARMA Vs. M/S. BPTP LTD.

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 07.04.2017 of the Haryana State Consumer Disputes Redressal Commission, Panchkula ('the State Commission') in CC no. 29 of 2015.

(2.) The facts of the appeal as per the appellant/complainant are that the appellant had booked a shop no. OF - 17 A measuring 478 sq feet with the respondent/ opposite party for Rs.16,96,900/- against an initial payment of Rs.1,69,690/- on 24.07.2008 for earning her livelihood. Vide letter dated 20.08.2008 allotment was made and it was told that the possession would be delivered within 36 months thereof. The appellant deposited the entire consideration within 10 months of allotment, as detailed in the complaint, but the possession was not delivered. Hence, the appellant filed the complaint with the prayer that the OP be directed to grant relief as mentioned below: Get the sale deed of the shop being unit no. OF - 17 A in the next door, sector 76, Parklands, Faridabad registered in favour of the appellant and hand over the possession of the shop to the appellantor alternatively, refund the appellant the entire amount paid by the appellant till date along with interest @ 24% per annum; Pay the appellant compensation for delay in handing over the possession of the shop in accordance with clause 3 of Buyer's agreement along with interest @ 24% per annum till the date of payment; Pay the appellant interest @ 24% per annum on Rs.2,92,504/-, i.e., the amount deposited by the appellant on 04.03.2014 till the date of registration of sale deed (in case of order of refund of the entire amount as per prayer clause (i) the appellant be directed to refund Rs.2,92,504/- along with interest @ 24% per annum); Refund the appellant the amount of Rs.61,877/- of enhanced external development charges which hs been charged illegally without any justification along with interest @ 24% per annum; Refund the appellant electricity connectioncharges of Rs.60,000/- which has been charged illegally without any justification along with interest @ 24% per annum; Refund the appellant power back up charges of Rs.75,000/- which has been charged illegally without any justification along with interest @ 24% per annum; and Pay the appellant a sum of Rs.20,00,000/- as compensation for harassment and mental agony caused to appellant due to delay in handing over of possession of shop, non-payment of compensation for delay in possession, non-registration of sale deed and the respondent company's authoritative manner in pressurising appellant to deposit/ submit the illegal demands raised by respondent company.

(3.) The respondent filed their reply admitting allotment but alleged that the appellant did not fulfil the conditions stipulated in agreement for possession as well as execution of sale feed. Possession was offered to her in the month of February 2014, but the appellant did not execute relevant documents, so there was no fault on their part and prayed that the complaint be dismissed.