VISHAL ARYA Vs. UNITECH LTD.

JUDGEMENT

(1.) Challenge in this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), is to the order dated 15.04.2013 passed by the State Consumer Disputes Redressal Commission, Delhi at New Delhi in Complaint No. 322 of 2009. By the impugned order, while allowing the complaint filed by the Appellant, alleging deficiency in service on the part of the Respondent No. 1, viz. Unitech Ltd., Opposite Party No. 1 in the Complaint, in not delivering the possession of the flat bearing No. 901, 9th Floor, Block-14 in their project, christened as Unitech Fresco, the State Commission has issued the following directions:-

(2.) In short, the grievance of the Appellant is that although in his Complaint he had prayed for a direction to the said Respondent to immediately deliver possession of the flat to him along with necessary compensation on account of various losses, incurred by him in arranging the funds, on interest, the State Commission has erred in not issuing the direction for possession and in accepting his alterative prayer for refund of the amount deposited by him, along-with interest and compensation for financial suffering, harassment and mental agony, quantified in the Complaint at Rs. 10,00,000/-.

(3.) On 14.07.2014 when the case had come up for consideration, while recording the submission of Counsel for the said Respondent to the extent that they are still willing to pay to the Appellant the total amount of compensation as awarded by the State Commission, it was directed that before considering the prayer of the Appellant for delivery of possession of the flat in question, the said Respondent should first deposit in this Commission the entire decretal amount, within four weeks of that order.