TDI INFRASTRUCTURE LTD. Vs. AASHISHA JINDAL

JUDGEMENT

(1.) Brief facts relevant for the disposal of this appeal are that the Complainant / Respondent had booked a flat in the year 2009 measuring 180 sq. yds. In Tower B- 58/7 , T- Phase , Kundli My Floors for an initial consideration of Rs. 18,80,488.60/- and which was later on increased by OP to Rs. 19,80,238.60/-. The Complainant paid a total of Rs. 17,90,814/- towards the consideration. The OP had promised to complete the construction and deliver the possession within 24 months, but failed to deliver the possession within the stipulated time, therefore, complainant filed a complaint before the State Commission seeking refund of his amount along with interest and compensation.

(2.) The complaint was resisted by the OP by filing a written statement. It was contended that the complaint was barred by limitation. The cause of action arose on the last payment made by the complainant i.e 08.01.13, but the case was filed in May, 2015. The Complainant was not a 'consumer' but a speculator as she invested money in the project to sell it when the real estate prices are high. The OP denied increase in the price of the flat. It contended that the demand letters to pay the instalments were sent to the Complainant at each stage of advancement in the construction work. The OP denied its assurance made to pay interest @ 18 % p.a on the refund amount and also refused its liability to pay compensation.

(3.) The State Commission, after hearing both the parties and perusal of documents ordered the OP to refund Rs.17,90,814/- with interest @9% per annum from the respective dates of payment till the date of refund. It observed the following :