JASWANT KUMAR BHATIA Vs. GUL K ACHHRA

JUDGEMENT

(1.) The complainant, in consumer complaint No. 336 of 2012 filed before the State Commission, was allotted a residential flat bearing No. 101 in a project which Mr. Jaswant Kumar Bhatia, the appellant in F.A. No. 45 of 2017 was to develop in Sector 7 of Kopar-Khairane for a total consideration of Rs.12,56,000/-. The complainant made the payment of Rs.7,70,000/- to the builder on 12.07.1995. However, the said construction of the said flat was not completed and the possession was not delivered to the complainant, who approached the concerned State Commission by way of a consumer complaint.

(2.) The complainant, in consumer complaint No. 337 of 2012 filed before the State Commission, was also allotted a flat bearing No. 102 in the same project for a total consideration of Rs.13,16,000/-. He paid a sum of Rs.10 lakh to the builder. The possession of the house, however, was not delivered to him nor the construction was complete.

(3.) The complaints were resisted by the builder primarily on the ground that due to acute recession in the market, there was a reduction in demand. It was also alleged that the complainants had taken loan from GIC Housing Finance Ltd., which they were unable to pay and as a result, recovery proceedings against them were initiated by GIC Housing Finance Ltd. It was also alleged that the properties of the builder were attached by Income Tax Department and that included the property on which the project in question was to. It was also alleged that though the builder was ready to refund the amount paid by the complainants alongwith reasonable interest but they were not ready to accept the same.