V.K. Jain, Presiding Member—The complainant/respondent was allotted a residential flat by the appellant in a project, namely, ‘Shourya Greens’, which the appellant was to develop in Jalandhar. The allotment was made for a total consideration of Rs.3443000/- and a sum of Rs.3021760/- stands already paid by the complainant. The possession of the flat was to be delivered by December, 2012 though there was a grace period of three months available to the builder. Since the possession of the flat was not delivered to him, the complainant approached the concerned State Commission by way of a consumer complaint seeking refund of the amount paid by him along with compensation etc.

2. The complaint was resisted by the appellant which took a preliminary objection that Novena Builders & Developers Pvt. Ltd. was a necessary and proper party to the complaint, in view of the contract dated 12.1.2010 executed between the appellant and Novena Builders & Developers Pvt. Ltd. The State Commission, however, did not go into the question as to whether Novena Builders & Developers Pvt. Ltd. was a necessary party to the complaint or not though it upheld the liability of the appellant towards t