UNIVERSAL INFRASTRUCTURE Vs. BINAY PAL SINGH

JUDGEMENT

(1.) The complainants / respondents booked a residential apartment with the appellant in a project, which the appellant was to develop in Sector 104 of Mohali. Flat No. 702, in the project namely 'Taj Towers' was allotted to the complainants, for a total consideration of Rs.59,85,000/-, which was later increased to Rs.65,10,000/-. The booking was made in May, 2012. The complainants made a payment of Rs.34,50,000/- to the appellant. The possession of the allotted flat was offered to the complainants vide letter dated 22.1.2016. The appellant, while offering possession also demanded a sum of Rs.18,00,000/- from the complainants towards interest for the delayed payments. The complainants informed the appellants vide letter dated 30.5.2016 that they were willing to pay the balance amount at the time of delivery of possession, but the appellants insisted on payment of the balance amount before delivering possession of the flat. The complainants thereafter, approached the concerned State Commission by way of a consumer complaint, seeking refund of the amount paid by them to the appellants with compensation etc.

(2.) The complaint was resisted by the appellants, which admitted the allotment made to the complainants as well as the payments received from them. It was inter-alia stated in their written version that the complainants had defaulted in making payment and the possession was offered to them on 22.1.2016, subject to payment of the balance amount, including interest for the period the payment was delayed.

(3.) The State Commission vide its order dated 29.11.2018 directed as under: