M.A. No. 141/2015 IN CONSUMER COMPLAINT NO. 137 OF 2010 M.A. No. 142/2015 IN CONSUMER COMPLAINT NO. 145 OF 2010 M.A. No. 143/2015 IN CONSUMER COMPLAINT NO. 146 OF 2010 The notice of the applications have been served upon the opposite party no. 1, but no one is present for the said opposite party. The learned counsel for the complainant submits that the amount paid by the complainant to opposite party no. 1 has been wrongly recorded in para no. 2 of our order dated 12.02.2015. She submits that in fact the complainant paid a total sum of Rs. 80,49,300/-, Rs. 83,55,600 and Rs. 92,15,230/- respectively against the flats no. Deodar 1301, Deodar 1302 and Deodar 1303 respectively, but the aforesaid amount has been wrongly recorded as Rs. 65,85,800/-, 68,36,400 and Rs. 75,39,730/- respectively in the aforesaid order. We, therefore, direct that the para no. 2 of our order dated 12.02.2015 shall read as under:-
2. The complainant Smt. Kavita Ahuja submitted three separate applications for purchase of flats in the aforesaid project and paid the booking amount of Rs.5.00 lacs each against all the three bookings. Three separate Letters of Allotment were issued to the complainant, allotting flats No. Deodar 1301, Deodar 1302 and Deodar 1303, to her for a consideration of Rs.1,09,76,100/-, 1,13,93,825/- and 1,25,66,150/- respectively. The construction was to be completed within 22 months of the date of commencement. The complainant paid a total sum of 80,49,300/-, Rs. 83,55,600 and Rs. 92,15,230/- against flat No. Deodar 1301, Deodar 1302, and Deodar 1303 respectively. However, the developer failed to complete the construction within the stipulated time and according to the complainant when she visited the site on 02.02.2008, she found that the construction had barely commenced with no prospects of its being completed in near future. The complainant wrote a letter to the developer, seeking complete details as to the stage of construction of the flats and the date on which the possession would be handed over to her. The developer however, did not respond to the said letter of the complainant. Later, vide letter dated 12.3.2009; the developer intimated a revised installment schedule on 31.3.2009. In reply, the complainant pointed out to the developer that it had failed to hand over the possession of the flat and sought refund of the money she had paid along with interest on that amount @ 21% per annum. In reply, the developer offered a rebate of Rs.5/- per sq. ft. per month to the complainant which was not acceptable to her. Being aggrieved from the failure to refund the amount paid by her, the complainant is before this Commission, seeking refund of the aforesaid amount, alongwith interest @ 21% per annum, compensation and cost of litigation. Initially, the complaint was filed only against the developer. Later on, opposite party No. 2 and 3 were impleaded in view of the preliminary objection taken by the developer.
The application stands disposed of, since no other relief is pressed. Dasti. ......................J
V.K. JAIN PRESIDING MEMBER ...................... DR. B.C. GUPTA MEMBER