GOLDBRICKS INFRASTRUCTURE PRIVATE LIMITED Vs. KRUSHNA KADU

JUDGEMENT

(1.) The complainant / respondent booked a residential flat with the appellant in a project namely "Anandam World City) at Model Mill Compound, Nagpur. Unit No. 306 of Tower-E was allotted to the complainant for a consideration of Rs.58,78,600/-. The price of the flat was payable in installments linked with the stage of construction. The complainant made a total payment of Rs.62,74,425/- to the appellant on different dates. The complainant was offered possession for the limited purpose of fit-outs on 17.6.2015, which the complainant did not take. The occupancy certificate was received by the appellant on 7.8.2015. The possession of the flat having not been delivered to her, despite she having paid Rs.62,74,425/-, inclusive of taxes, the complainant approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant, which inter-alia stated in its written version that there was an outstanding amount of Rs.16,45,734/- against the complainant, which she had not paid. The break-up of the said amount is as under: <FRM>JUDGEMENT_45_LAWS(NCD)7_2019_1.html</FRM>

(3.) The State Commission vide impugned order dated 20.3.2019 directed as under: