Case Law Details
Neeraj Kakkar Vs Parsvanath Developers Ltd. (Delhi State Consumer Disputes Redressal Commission)
Held that Complainant duly paid the amount, however, the developer failed in providing timely construction service. It is directed to refund the amount already paid by Complainant, along with interest @6% p.a.
Facts-
Complainant booked a flat with the opposite party. Complainant made an advance payment of Rs.10,00,000/- to the Opposite Party. A Flat-Buyer Agreement was executed between the parties on 23.06.2007. As per Clause 10 (a) of the Flat Buyer Agreement, the Opposite Party has to complete the construction of the said flat within 36 months from the date of commencement of construction of the particular block in which the flat is located. Thereafter, a letter dated 10.06.2010 was sent by the Opposite Party to the Complainant, informing about the delay and assured the complainant that the project would be completed by March, 2012. However, till date the construction of the said flat has not been completed by the Opposite Party.
The Complainant over the time had paid a sum of Rs. 36,98,996/-to the Opposite Party as and when demanded by it. The Complainant had followed up with the Opposite Party asking for possession of the said flat or in alternative refund of the amount alongwith interest but was of no avail. The Complainant also got served a legal notice dated 23.02.2017 to the Opposite Party regarding the refund of amount already paid by him along with interest but Opposite Party failed to respond to the said notice. Therefore, alleging deficiency in service on the part of the Opposite Party, the Complainant approached this Commission.
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