RAJ HANS TOWERS (P) LIMITED Vs. ANURADHA MISHRA

JUDGEMENT

(1.) The complainant/respondent booked a residential flat with the appellant in a project, namely, 'Rajhans Premier Apartment'. Flat No.604 in Block C, admeasuring 3775 sq.ft. was allotted to the complainant for a basic price of Rs.20, 50, 000/-. The possession of the flat was to be delivered by December 2006. The possession, however, was not delivered despite the complainant having paid Rs.21, 50, 000/- to the opposite party after taking loan from ICICI Home Finance Co. Ltd. It was also stipulated in the agreement between the parties that in the event of delay, the builder will pay Rs.5 per sq.ft. per month as penalty for the delayed period. Being aggrieved from the failure of the builder to deliver possession, the complainant approached the concerned State Commission by way of a consumer complaint. She also alleged that an excess amount of Rs.335932/- has been charged from her. Compensation for mental agony caused to her by the appellant as also rental for the period the possession was delayed were also sought.

(2.) The appellant appeared before the State Commission but did not file any written version. The order passed by the State Commission shows that the Counsel representing the appellant sought three months to execute the sale deed of the flat in favour of the complainant. Therefore, the State Commission directed the appellant to execute the sale deed of the flat within three weeks and hand over its possession to the complainant. Later on, the complainant was required to deposit Rs.335932/- before the execution of the sale deed.

(3.) The State Commission held that the appellant had charged an excess amount of Rs.224182/- from the complainant. Therefore, it directed refund of the aforesaid amount alongwith a sum of Rs.103125/- as compensation for the delay in delivery of possession. The compensation was calculated @ Rs.5 per sq.ft. per month as per the agreement between the parties. A sum of Rs.50, 000/- was awarded to the complainant for the mental agony and harassment suffered by her. The cost of litigation was quantified at Rs.5, 000/-.