UNNAYAN BUILDERS PVT LTD Vs. NABHANIL MONDAL

JUDGEMENT

(1.) The appellant entered into an agreement with the complainant / respondent where-under it was to develop a plot of land and sell the same to the complainant / respondent for a total consideration of Rs.26 lakhs. The possession of the plot but for force majeure circumstances, was agreed to be delivered within 48 months from the execution of the agreement. The development work therefore should have been completed and the possession ought to have been delivered by 7.12.2014, when four years from the execution of the agreement expired. Since possession of the plot was not offered to him within the prescribed, the appellant / respondent sought cancellation of the transaction and refund of the amount paid by him, along with interest @ 10% per annum, in terms of Clause 22 of the agreement executed between the parties. The appellant informed the complainant that it could execute the conveyance deed of the plot in his favour or it could return the principal amount to him way of post-dated cheques. Being aggrieved, the complainant / respondent approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant who admitted the execution of the agreement as well as its having not completed the development and having not offered possession of the plot to the complainant within the prescribed time period.

(3.) The State Commission, vide its order dated 06.3.2018 directed the appellant to refund the amount received from the complainant, along with interest @ 10% per annum and cost of litigation quantified at Rs.10,000/-. Being aggrieved, the appellant is before this Commission by way of this Appeal.