ATS ESTATE PVT LTD Vs. MEENU YADAV

JUDGEMENT

(1.) This appeal has been filed by the appellant ATS Estates Pvt. Ltd., against the order dated 21.12.2017 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission') in Compliant no. 402 of 2016.

(2.) The brief facts of the case relevant for deciding the present appeal are that the respondent/ complainant booked a flat in the project of the appellant and the builder buyer agreement was signed on 15.01.2013. As per the builder buyer agreement, the possession was to be handed over to the complainant within 36 months from the date of commencement of the construction of the concerned Tower along with a grace period of six months. The possession was expected by June 2016, however, the flat was not ready and no offer of possession was received by the complainant by this time. The complainant then asked the opposite party to communicate the probable date of possession. It is the case of the complainant that the opposite party told that the flat would be ready by December 2017. The complainant was not satisfied with the progress of the construction of the building and according to the complainant it was not possible to get the flat by December 2017. The complainant then filed a consumer complaint for refund of the paid amount. Against the total consideration of Rs.43,70,000/- the complainant had paid Rs.30,92,700/-. The State Commission allowed the complaint and passed an order of refund dated 21.12.2017 as under:

(3.) Hence, the present appeal.