ALPANA GUPTA Vs. MD., JAI KRISHNA KRISHNA ARTEC

JUDGEMENT

(1.) The complainant booked a residential plot with the opposite p y for a total consideration of R 1386799.00. She claims to have paid a sum of Rs.1820842.00 which included interest on the overdue payment. The case of the complainant is that an oral assurance was given to her to deliver possession within two year. The p ies entered into a Plot Buyers Agreement on 28.5.2012. The buyers agreement according to the complainant did not stipulate the period within which the possession of the plot was to be delivered. There is absolutely no document on record containing the promise to deliver possession of the plot within two years from date of the booking. Had there been such an assurance as is claimed by the complainant, she would have insisted, while executing the Plot Buyers Agreement, on recording that the possession had been promised to be delivered within two years from booking allegedly made on 2.1.2006. As per the payment schedule annexed to the Plot Buyers Agreement, the payment was to be made in the following manner:-

(2.) Clause 9(i) of the Buyers Agreement expressly provided that the buyer shall be entitled to possession of the plot only after the amounts payable by him under agreement had been paid. Admittedly, the last payment by the complainant was made on 9.10.2013. In fact as many as 5 payments were made in the year 2013 preceded by one payment in the year 2012. Therefore, it would be difficult to say that the possession was to be delivered to the complainant within two years from the date of the booking.

(3.) The complainant is seeking refund of the amount paid by her which includes interest for the overdue payment. She is also claiming interest @ 24% p.a. on the entire amount paid by her along with compensation amounting to Rs.10 lakhs for her alleged mental agony and harassment.