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Judgment
Heard the Learned Counsel for the Appellants and perused the impugned order dated 22.02.2018, passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the State Commission), whereby the Complaint, preferred by the Respondent herein, has been allowed and the Petitioners have been directed to refund to the Respondent a sum of Rs. 63,30,750/-, along with interest @ 8% compounded annually from the various dates of deposit till actual payment, as also pay Rs. 50,000/- as compensation on account of mental agony and physical harassment suffered by the Complainant and Rs. 21,000/- as litigation expenses.
It is not in dispute that the Respondent/Complainant was an allottee of residential apartment in the Scheme, namely "Purab Premium Apartments", floated by the Appellants in Sector-88, SAS Nagar, Mohali. The Letter of Intent was issued on 22.05.2012. The construction work could not be completed within the stipulated period of 36 months, where-upon the Respondent vide letter dated 01.07.2016 expressed his desire to withdraw from the Scheme and requested for refund of the entire amount deposited by him, along with interest @ 8% compounded annually. The Appellants had sent a letter on 30.06.2016, informing the Respondent to take possession of the apartment in question. However, the said letter, according to the findings recorded by the State Commission, was delivered to the Respondent on 07.07.2016, whereas on 01.07.2016 the Respondent had already sent a letter expressing his intention to withdraw from the Scheme and asking for refund, which was received by the Petitioners on 04.07.2016.
From the facts mentioned above, it is clear that the Respondent withdrew from the Scheme prior to the date when he received the letter, asking for taking possession, and, therefore, the State Commission was perfectly justified in directing for refund of the entire amount deposited by the Respondent, along with interest @ 8% compounded annually, and compensation and costs.
Accordingly, the Appeal fails and is dismissed. However, this decision, which has been given on the peculiar facts and circumstances of the case, shall not be treated as a precedent.
The statutory deposit made by the Appellants at the time of filing the Appeal shall be refunded to them.