PUSHPA BUILDERS LTD. vs S.P. MOHAN

AFORESAID two appeals arising from the impugned order dated 24.8.1995 shall be disposed of by this common order.

LIMITED grievance of the appellant against the impugned order is that while allowing the claim of the complainant the District Forum has not awarded the interest on the amount, which was retained by the respondent M/s. Pushpa Builders unauthorisedly. The facts giving rise to the appeals are that the appellant booked a residential apartment on 4.6.1989 with the respondent builders at Pushpa Vaishali Apartments at Vaishali in District Ghaziabad U.P. by making initial payment of Rs. 2,000/-. On 4.5.1989 balance of 10% amounting to Rs. 21,750/- was paid and the appellant was allotted a space No. B-2, J Block at the 5th Floor. However, the space allotted was changed to B-5, on the 5th Floor in E-Block on payment of Rs. 25,000/- by the appellant on 24.10.1989. By way of making regular payments of instalments the appellant made total payment of Rs. 2,06,750/- against the cost of the flat which was worked out at Rs. 2,58,825/-. The flat was never allotted to the appellant as the respondent failed to complete the construction. The appellant approached the District Forum and obtained the impugned order whereby the respondent was directed to either complete the construction and allot a flat to the appellant or refund the amount received by it. During the pendency of the appeal an oral sort of settlement was arrived at between the parties which is projected in the order dated 16.7.2003 that if the payment of Rs. 2,00,000/- is made to the appellant, the appellant would not claim any interest and the claim of the appellant would stand fully satisfied. Mr. V.K. Soin, Chairman-cum-Managing Director of O.P. informed this Commission that he has been permitted by the High Court to dispose of one property through Court Commissioner and he would make the payment of Rs. 2,00,000/- on disposing of the said property.

There is no dispute that the respondent received a sum of Rs. 2,06,750/- by way of instalments of Rs. 25,000/- against the cost of Rs. 2,58,825/-. Till date construction of the flat has not been completed as the respondent appears to have run into rough weather and is facing liquidation proceedings before Hon''ble High Court. Since the passing of the order dated 16.7.2003 by this Commission the respondent has not cared to refund the amount of Rs. 2,00,000/-. Since the appellant has reconciled to the fact that if he receives a sum of Rs. 2,00,000/- he would not claim any interest, we dismiss the appeal with the stipulation that if the respondent fails to make payment of Rs. 2,00,000/- within 60 days, the appellant shall be entitled for interest @ 9% from the expiry of 60 days'' period till its realisation.

THE appeals are disposed of in above terms. THE FDR if any deposited by the appellant be returned forthwith after completing necessary formalities. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeals disposed of.