MOHD RAFAT KHAN Vs. REAL ESTATE LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Mohd. Rafat Khan against the order dated 07.05.2018 of the State Consumer Disputes Redressal Commission, Delhi, (in short 'the State Commission') passed in FA No.1078 of 2014.

(2.) Brief facts of the case are that the complainant/petitioner booked a flat, measuring 1200 sq ft @ Rs.1300 sq.ft. in SRS residency in Sector 88 Faridabd, for a total basic sale price of Rs.18,00,000.00. On 28.5.2007 he was issued a letter for allotment demanding 2nd instalment/allotment amount of Rs.2 lakhs and EDC charges of Rs.1,69,200.00. As per the payment plan which is construction linked, letter dated 23.10.2008 shows that OP received Rs.16,14,825.00 till the construction of 7th floor with 10% remaining unpaid till 30.11.2008 for flat No.904, in tower C1. After paying the last instalment, when complainant went to the site, he found out that there was no construction. OP/respondent accepted the same and gave assurance to complete the project in 2010 June, instead of 30.06.2009 with grace period of 6 months. As the project was not completed within time, complainant demanded penalty of Rs.5.00 per sq.ft. Allegedly, amount of Rs.9,03,174.00 is due from the complainant as on 20.05.2011. As a result OP cancelled the allotment and asked complainant to collect refund vide letter dated 20.5.2011.

(3.) Aggrieved, complainant filed consumer complaint bearing No.550/11 before the District Forum and the District Forum vide its order dated 21.10.2014 passed the following order:-