GEETA KOHLI vs RAJENDRA JAINA

BRIEFLY the facts of the case are that the complainant booked two spaces with the opposite party in Rajendra''s Arihant Tower and deposited an amount of Rs. 60,900/- with them. It is alleged that neither the space has been given nor the amount refunded to her. A notice was sent to the opposite party under registered cover on 2nd Feb.''93 for 4th March, 1993 but nobody appeared on their behalf. Consequently, they were proceeded against ex-parte on 4th March, 1993 and the case was adjourned to 11th June, 1993 for ex-parte evidence and arguments.

THE complainant in support of his complaint filed an affidavit alongwith necessary documents. It is stated in the affidavit that the opposite party has not completed the building and handed-over the possession of the space either to the complainant or to other allottees. In the circumstances, we are of the view that the complainant is entitled to the refund of the amount deposited by him with interest. THE complainant has claimed interest@24% p.a. However, we think that it is on the higher side. Consequently, we grant interest to the complainant @ 18% p.a. THE amount of interest @ 18% p.a. on the amount of Rs. 60,900/- from 23rd September, 1989 till the date of complaint i.e. 14.12.92, comes to Rs. 35,350/-. The complainant has also claimed Rs. 1,04,300/- as damages. We think that the complainant has been compensated by the interest which is given at a fairly high rate. Consequently, we dis-allow this claim.

For the aforesaid reasons we accept the complaint with costs and direct the respondent to pay to the complainant an amount of Rs. 96,250/- with interest @ 18% p.a. w.e.f. 14.12.92 till the date of payment within a period of 3 months, failing which action shall be taken against them under Section 27 of the Consumer Protection Act. Costs Rs. 2,000/-. Complaint allowed with costs.