Case nº Revision Petition No. 3054 Of 2013, (Against the Order dated 29/04/2013 in Appeal No. 1012/2008 of the State Commission Delhi) of National Consumer Disputes Redressal Commission, May 13, 2014 (case 1. Abha Sinho and Ors. 2. Mrs. Vilas Bhushan 3. Dr.Vidhya Bhushan 4. Mrs. Kum Kum Marwah Vs Ansal Buildwell Ltd.)

JudgeFor Appellant: Mr. Raghunath Menon, Advocate and For Respondents: Arial
PresidentMr. J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member
Resolution DateMay 13, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

J.M. Malik, J.

  1. There is delay of one day in filing the revision petition. Though, an application for condonation of delay has not been filed, but in the interest of justice, we condone the said delay.

  2. On 31.05.1997, the complainants/petitioners, Mrs. Abha Sinho, Mrs. Vilas Bhushan, Dr. Vidya Bhushan and Mrs. Kum Kum Marwah booked a flat bearing F-242, Ground Floor, in the proposed project, named as Shalimar Residency, Sushant Lok-II, Gurgaon, Haryana, with M/s. Ansal Buildwell Ltd., the opposite party. Its price was fixed at Rs.19,95,000/- with discount of Rs.50,000/- for initial booking. The complainants were promised that they would get the possession of the flat within three years, i.e. by June, 2000. The complainants visited the site in February, 1999, but found that no flat was made at the site. The complainants vide letters dated 09.02.99 and 20.04.99, requested the OP to pay interest on their deposit, but those were not responded.

  3. On the pursuance of the OP, the complainants opted for some other flat in another Scheme of the OP, known as Royal Residency Floor, Sushant Lok-II, Gurgaon, Haryana, in September, 2000. By that time, the complainants had paid 85% of the total cost of the above flat, in the sum of Rs.10,31,957/-. The price of the second flat was Rs.13,75,000/- with rebate. The OP had promised to pay the complainants interest @ 15% p.a., on advance payment and Rs.30,000/- as discount payable for initial booking.

  4. However, no possession was given till 18.03.2004. The complainants brought on record a letter dated 20.07.2001, written by OP to them, regarding Flat No.F-296/FF in Royale Residency Floors, Sushant Lok-II, which reads as follows:- ou have already been given credit of interest amount for all excess period of installment received against the said flat after deduction TDS amount as per rules under Income Tax Act vide our letter dated 25th September, 2000, which has also been confirmed to you vide our letter dated 3rd March, 2001. The work of D.P.C. of the said flat has been completed and an intimation of the next stage of construction i.e. completion of ground floor roof slab would be sent to you after completion of the same which is in progress. Please note the expected date of possession of the said flat is June, 2002.

  5. However, no possession was given till 14.03.2004. The complainants filed a complaint before the District Forum with the following prayers:- n view of the submissions made above, it is most respectfully prayed that the respondents may please be called upon to hand over the actual physical possession of the above mentioned flat bearing No.F-296-FF in Royal Residency floors in Sushant Lok-II, Gurgaon, complete in all respects and refund the extra money with interest and adequately compensate the complainants. Such other or further relief as the Honle Forum may deem fit and proper may also please be afforded to the complainants for the present case...

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