Real Estate – Delay in handing over physical possession - deficiency in service on the part of the Opposite Party - directed to refund the amount Rs. 24,25,000/-.

Citation

[2022] 2 CPR 157

Consumer Protection Act, 1986 – S.17[Consumer Protection Act, 2019 – S.47(1)] – Services – Real Estate – Delay in handing over physical possession – Refund of Money directed - Compliant has been filed claiming physical possession of the completed construction, alternatively to refund the amount paid along with compensation and interest etc - The Opposite Party undertook to complete the construction and to hand over the possession of the said building within 31st March, 2015. Therefore, as per terms of the agreement the Opposite Party was under obligation to hand over the construction positively within 31st March, 2015 but the Opposite Party has failed to construct the building and so far he could only construct half brick works in each floor of the building – Thus, upon the evidence on affidavit made by the complainant, it is palpably clear that the Opposite Party could not keep his promise and as such the Opposite Party is deficient in rendering service towards a “consumer” - The complainant is entitled to refund of the money paid by her along with appropriate compensation in the form of interest for financial loss and for mental agony and harassment suffered by her on account of failure of the Opposite Party to hand over physical possession of the construction – On facts, there is deficiency in service on the part of the Opposite Party in the matter of construction and delivery of possession as per terms and conditions of the agreement – Appeal is allowed, The Opposite Party is hereby directed to refund the amount Rs. 24,25,000/-. [Paras 11 to 14].

Result: Appeal allowed.