CHD DEVELOPERS LTD Vs. SATISH AHUJA

JUDGEMENT

(1.) The complainants/respondents who are husband and wife, booked a -BHK flat with the appellant paying an amount of Rs. lacs for the purpose. Their case is that the project in which booking was made by them, did not take its possession and therefore, the appellant allotted two -BHK flats to them in the project namely 'CHD Resortico' in Sector- of Sohna. Both of them were allotted -BHK flat each at the price of Rs.00 per sq. ft. in addition to other charges. The following was the payment plan annexed to the allotment letters issued to the complainants: The allotment made to the complainants was cancelled by the appellant on account of non-payment of the installments. Being aggrieved, they filed two separate Consumer Complaints before the concerned State Commission which treated those individual complaints as a common complaint and asked them to file an amended complaint in respect of both the flats. Accordingly, an amended Consumer Complaint was filed by them in respect of both the -BHK flats. The order so passed by the State Commission having not been challenged by either party, became final. The complainants, in the amended complaint, filed before the District Forum, sought refund of the amount paid by them to the appellant alongwith compensation etc.

(2.) The State Commission having allowed the Consumer Complaint and having directed the appellant to refund the entire amount received from the complainants alongwith 18% interest and Rs.2 lacs as compensation, the appellant is before this Commission.

(3.) It is evident from a bare perusal of the payment plan agreed between the parties that for each flat, the complainants were to pay first installment of Rs.5,53,020/- which was payable on allotment. The second installment was of Rs.2,76,510/- each and was payable within 60 days of the booking. The first two installments had absolutely no linkage with the construction of the flats, the first being payable on allotment itself and the second being payable within 60 days thereafter. The amount of the first two installments comes to more than Rs.8 lacs for each flat. Admittedly, the complainants did not pay that much amount to the petitioner the entire payment being Rs.11,40,220/-. They thus, defaulted in making payment of the second installment which was payable within 60 days of the booking.