PROUD NATURE BUILDTECH PRIVATE LIMITED Vs. AMANDEEP SINGH

JUDGEMENT

(1.) The appellant entered into an agreement with the complainant/respondent on 15.7.2017 whereby it agreed to sell a residential flat to the respondent for a consideration of Rs.25,50,000/-. The possession of the said flat was to be delivered by 15.8.2017 though a grace period of three months was also available to the appellant for the purpose. Since the possession of the flat was not given to the complainant, she approached the concerned State Commission by way of a consumer complaint seeking possession of the said flat with compensation etc.

(2.) The complaint was resisted by the appellant primarily on the ground that the sale deed had been executed in favour of the complainants on 9.10.2017, the possession was offered to them subject to payment of the balance sale consideration of Rs.1,35,000/-. The appellant handed over the keys of the flat to the complainants in November, 2017 in order to enable them to carry out some balance work which had remained unexecuted in the flat. It was also alleged that the cheques which the complainant had given to the appellant were returned by the bank for want of sufficient funds and later with the remarks that the payment had been stopped. It was further stated that since the complainant had not paid the balance amount of Rs.1,35,000/- and GST amounting to Rs.84,000/-, it had not delivered the keys of the flat to the complainants.

(3.) The State Commission vide its order dated 17.05.2018 given the following directions to the appellant:-