MK ABDUL SALEEM Vs. SRK SHELTERS LTD

JUDGEMENT

(1.) This first appeal has been filed by the appellant MK Abdul Saleem against the order dated 31.10.2014 of the State Consumer Disputes Redressal Commission, Kerala, (in short 'the State Commission') passed in CC No.74/2012.

(2.) Brief facts of the case are that appellant/ complainant booked a flat with the respondents/opposite parties. He entered into an agreement on 19.7.2007 and respondents/opposite parties agreed to deliver the possession by September, 2009. Total sale consideration was Rs.34,98,380/-. As on 16.12.2008, total sum of Rs.27,73,568/- was already paid by the complainant. Date of possession was unilaterally changed by the opposite parties several times and finally announced to hand it over in December, 2011. Complainant had availed huge loan for investment in flat and due to no hope of the completion of the project, complainant suffered heart attack. Ultimately, appellant/complainant decided to withdraw from the project, on 15.10.2012, he requested respondents/opposite parties to return the amount paid. On 18.11.2012, the respondents/opposite parties declined to refund the amount. Hence, the complainant filed a consumer complaint before the State Commission.

(3.) The complaint was resisted by the respondents/opposite parties on the ground that they agreed that there was delay in their work due to financial problems, but they mentioned that whole project will be completed by December, 2013, but as complainant demanded refund, they have already paid off the bank loan availed by the complainant with interest and now only Rs.5,33,440/- paid by the complainant in cash remains to be refunded to him. The State Commission passed the following orders vide order dated 31.10.2014:-