SPLENDOR LANDBASE LTD & ANR Vs. MAMTA ARORA

JUDGEMENT

(1.) Challenge in these Revision Petitions under Section 21 (b) of the Consumer Protection Act (in short "the Act"), is to the orders dated 18.01.2018 in Appeal Nos. 1504, 1505 and 1506 of 2017, passed by the Haryana State Consumer Disputes Redressal Commission (in short "the State Commission"). By the impugned order, the State Commission has concurred with the findings of the District Consumer Disputes Redressal Forum, Panipat (in short "the District Forum") to the effect that the Petitioners were deficient in not refunding the deposited amounts to the Complainants when they could not show any justifiable reason in not completing the construction of Tower No. A-4 admeasuring 650 sq. ft. in the 5th floor, Splendor Grande, Sector 19, Panipat.

(2.) For the sake of convenience Revision Petition No. 834 of 2018 is taken as the lead case. The Petitioners hereinafter are referred to as "the Opposite Parties" and the Respondent as "the Complainant".

(3.) The facts material to the case are: that the Complainant paid an amount of Rs. 10,00,000/- to the Opposite Parties along with Application dated 27.01.2013, for which the Opposite Parties issued a letter of Allotment dated 28.10.2013 for Apartment No. 504 in the aforenoted tower. It was averred that as per the terms of the Agreement the possession of the Apartment was to be delivered to the Complainant within three years from the date of the Allotment letter. Though the construction work of Tower A-4 was never commenced, yet, the Opposite Parties demanded instalments vide letters dated 24.12.2013, 16.01.2014, 13.03.2014 and 05.05.2014. The Complainant approached the Opposite Parties several times, seeking refund of her money but there was no response. Hence, the Complainant filed Complaint before the District Forum, seeking refund of the deposited amount of Rs. 10,00,000/- with interest @ 18% p.a. from the date of deposit till the date of realization, together with compensation of Rs. 2,00,000/- and costs of Rs. 11,000/-.