M2K INFRASTRUCTURE PVT. LTD. Vs. UJJAWAL KUMAR

JUDGEMENT

(1.) The instant First Appeal has been filed under section 19 of The Consumer Protection Act, 1986, hereinafter referred to as the Act, challenging the Order dated 19.08.2013 of the State Consumer Disputes Redressal Commission Haryana, hereinafter referred to as the State Commission, in C.C. No. 49 of 2013 whereby the State Commission has accepted the Complaint and directed the Opposite Party Builder Co. to refund the respective deposited amounts to the Complainants with interest at the rate of 9% per annum from the dates of respective deposits till realisation and Rs.22,000/- each for mental agony, harassment and cost of litigation.

(2.) Admitted facts of the case, shorn of unnecessary rhetoric, are that the six Complainants, Ujjawal Kumar, Avinash Singh Jawa, Shashi Mohan, Abhishek, Vivek Srivastava and Ajay Yadav, had deposited Rs.10,97,607/-, Rs.8,78,048/-, Rs.10,22,893/-, Rs.13,15,684/-, Rs.8,66,000/- and Rs.7,45,631/-, in all totalling Rs.59,25,863/-, with the Builder Co. in July / August 2007, as detailed in para 4 of the State Commission's impugned Order. As per the agreed terms and conditions, the construction of the subject Unit was to be completed in 36 months with a grace period of 6 months. The Complainants filed C.C. No. 113 of 2010 before this Commission on 15.06.2010. It was transferred to the State Commission by this Commission vide its Order dated 22.05.2013. As per the record on file, Completion / Occupancy Certificate was not obtained by the Builder Co. till the date (15.06.2010) of the filing of C.C. No. 113 of 2010 before this Commission, it was not obtained till the date (19.08.2013) when the State Commission decided the matter, which was well beyond the assured period of 36 months and 6 months thence.

(3.) We have heard the learned Counsels from both sides, and perused the material on record.