SILVER CITY HOUSING & INFRASTRUCTURE Vs. PREET SHARMA

JUDGEMENT

(1.) The complainant / respondent booked a residential flat with the appellant in a project, namely, 'Silver City Themes', which the appellant was to develop in Mohali. On deposit of Rs.1,82,000/- by the respondent, a residential flat in the proposed project was allotted to her and she executed an agreement dated 22.5.2006 with the appellant. No particular time period was stipulated in the said agreement for delivery of possession but the sale consideration was payable in instalments, by 31.7.2007. The possession of the allotted flat however, was not delivered to the complainant and thereafter the appellant changed the allotment made to her and also rescheduled the payment plan. A second agreement was executed between the parties on 6.2.2010 and it was stipulated in the said agreement that the possession would be delivered by September, 2010. This is evident from the stipulation whereby the complainant was required to pay "Rs.91,000/- at the time of possession by September 2010". The possession having not been offered to her, the complainant approached the concerned State Commission by way of a consumer complaint seeking possession of the allotted flat along with compensation etc.

(2.) The complaint was resisted by the appellant which admitted the agreements with the complainant as well as the payment received from her. Vide impugned order dated 7.8.2017, the State Commission directed as under:-

(3.) Being aggrieved from the order passed by the State Commission, the appellant is before this Commission.