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R.K.AGRAWAL
Arihant Superstructures Ltd. – Appellant
Versus
Pushpa Agarwal – Respondent
1ORDER
R.K. Agrawal, President.—This Appeal has been filed by Arihant Superstructures Ltd., under Section 51 of the Consumer Protection Act, 2019 (hereinafter referred to as “the Act”), challenging the Order dated 13.09.2021, passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur in Consumer Complaint No. 9 of 2017, whereby the State Commission has allowed the Complaint and directed the Appellant herein to refund the amount of Rs.26,80,340/- along with interest @ 9% per annum as also the compensation of Rs.,1,00,000/- for mental agony and litigation cost of Rs.10,000/-.
2. The relevant facts leading to the present First Appeal are that the Complainant/ Respondent herein, on 21.10.2012 had booked a Flat No. Belita-702, admeasuring 1090 sq. ft. in “Arihant Adita”, the project of the Opposite Party/ Appellant herein. Thereafter, on 07.11.2012, the Agreement for Sale was executed between the Appellant and the Respondent for the aforesaid Flat for a total sale consideration of Rs.26,00,000/-. Vide Letter dated 19.11.2012, the Appellant informed the Respondent that the Construction will be completed by 31.07.2014, and Completion Certificate will be
Delay of 5 years - There is a delay of more than 5 years in obtaining completion/ Occupancy Certificate from the promised date of delivery of possession, therefore the Complainant cannot be compelled....
Occupancy Certificate – Thus an allottee/consumer was entitled to seek refund of the amount deposited by him with the Opposite Party since the Builder had failed to fulfill his contractual obligation....
1) Respondent/Complainant cannot be held a defaulter in making the payment as there was no construction at the site and no steps were taken up by the Builder to the complete the Project.2) Project ha....
Inordinate delay –In a timely fashion would constitute “deficiency in service” on the part of the Opposite Party/Builder.
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