IMPORTANT POINT
Cancellation of flat - payment schedule has also not been placed on record by the opposite parties. Hence, the cancellation of the flat by the opposite parties would tantamount to deficiency in service.

ORDER

Delay in filing of the appeal as mentioned in the miscellaneous application is condoned.

2. M/s JOP International Limited through its Chairman-opposite party No.1 has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 for challenging the order dated 13.12.2017 passed by the District Consumer Disputes Redressal Forum, Rohtak, whereby the complaint under Section 12 of the Act preferred by complainant Monika was allowed and the opposite parties directed to refund the amount of Rs.7,90,000/- along with interest @ 9% per annum to the complainant from the date of deposits till its actual realization and also to pay a sum of Rs.5,000/- as litigation expenses to the complainant.

3. While filing the complaint, the complainant had averred that she had booked a 2BHK flat having an area of 1000 square feet with the opposite parties in their project at JOP PALMS, Sector 28, Rohtak and deposited an amount of Rs.3,00,000/- with the opposite parties. At the time of booking of the residential flat, the complainant was told that the cost of the flat would be charged @ Rs.1900/- per square feet and 10% discount was also given to the complainant. At the relevant time, the opposite parties obtained attested copies of voter card and cheque of Rs.3,00,000/- from the complainant. They further told that the terms and conditions relating to such flat will be got signed from the complainant lateron and a copy thereof to be given to her at the time of issuance of allotment letter. However, lateron the opposite parties sent the receipt along with a letter vide which the opposite parties confirmed that the residential flat situated in their project has been allotted in the name of the complainant but no other terms and conditions relating to the same were neither got signed from the complainant nor supplied to her. At the time of booking, the opposite parties had told the complainant that they would issue allotment letter within six months and the actual physical possession of the residential flat duly completed in all respects to be delivered to the complainant within a period of two years from the date of booking. The complainant had already deposited an amount of Rs.7,90,000/- as per statement as on 05.10.2015. The construction work of the flat was still lying pending and as such the complainant requested the opposite parties to refund the amount deposited by her but they refused to accede to the genuine request of the complainant. This act of the opposite parties was illegal and amounted to deficiency in service. Therefore, she prayed for issuance of directions to the opposite parties to refund the amount of Rs.7,90,000/- along with interest, compensation and litigation expenses.

4. Upon notice, the opposite parties appeared and filed the written version pleading therein that the complainant booked a flat of 2BHK. It was denied that the terms and conditions of the flat were to be signed later. The opposite parties did not sign the allotment with the complainant as she was in default of making the payment on time despite repeated reminders by the opposite parties. The opposite parties had told the complainant that they would issue the allotment letter of the residential flat to the complainant within a period of six months and the actual physical possession of the residential flat duly completed in all respects to be delivered to the complainant within a period of two years from the date of booking. The opposite parties did not give any verbal or written assurance relating to the allotment and for physical possession of the residential flat. She had deposited an amount of Rs.3,90,000/- with the opposite parties vide receipt dated 09.05.2013 and also paid Rs.1,00,000/- in cash on 15.04.2014 with the opposite parties against part payment of the flat. All other contents of the complaint were stated to be wrong and denied. Accordingly, the opposite parties prayed for dismissal of the complaint.

5. In support of her case, th