ANSAL HOUSING & CONSTRUCTION Vs. RAJESH MALIK

JUDGEMENT

(1.) The complainant / respondent booked a residential flat with the petitioner in a project namely "Ansal Courtyard", in Meerut and Flat No. AGFO-6 admeasuring 1126 sq. ft. was allotted to her vide letter dated 07.4.2010 for a consideration of Rs.15,76,400/-. The petitioner covered an area admeasuring 130 sq. ft. in front of the allotted flat and below the balcony of the first floor by bricks and steel pipes and demanded a sum of Rs.1,82,000/- from the complainant, claiming that the area of the flat had increased. The case of the complainant is that the alleged additional area would obstruct the egress and ingress and has been enclosed without her consent. This is also her case that the said area has been enclosed without approval from Meerut Development Authority. Since the complainant has paid a sum of Rs.17,11,928/- to the petitioner, her case is that she had made an excess payment of Rs.1,35,528/- to the petitioner. Since the possession of the allotted flat was not offered to her, the complainant approached the concerned District Forum by way of a consumer complaint, seeking possession of the flat with compensation as well as refund of the excess payment made by her.

(2.) The complaint was resisted by the petitioner, which admitted the payment of Rs.17,14,428/- from the complainant and claimed that the amount of Rs.1,65,699/- is still due from her.

(3.) The District Forum vide its order dated 17.10.2014 directed the petitioner to pay an amount of Rs.1,39,028/- to the complainant holding that the said amount had been paid in excess of the amount payable by the complainant. Interest on that amount @ 8% per annum was also awarded.