Renu Kwatra & Anr vs Athena Infrastructure Limited

Deepa Sharma, Presiding Member

The present complaint has been filed seeking refund of the deposited amount of Rs.96,15,000/- alongwith interest @ 18% p.a. from the date of respective payments till its realization and a sum of Rs.5.00 lakhs towards mental agony and harassment and sum of Rs.50,000/- towards cost of litigation.

Complainants have stated that they had booked a 5 BHK residential apartment in “India Bulls Enigma”, a residential project of the opposite party in 2011. Allotment letter dated 28.02.2011 was issued to them whereby apartment bearing No. H-081 in Tower-H for total consideration of Rs.2,19,10,200/- was issued. A flat buyer agreement was executed between the parties on 30.08.2011. As per clause 21 of the Builder-Buyer Agreement, opposite party was supposed to hand over possession of the flat within three years from the date of execution of the said agreement i.e. by 30.08.2014. Even after the expiry of delay of five years, the possession had not been delivered. Hence the complaint had been filed by the complainants seeking refund and other remedies.

In the written version, the opposite party has not disputed regarding allotment of the subject flat to the complainants and the consideration amount of the said flat and the deposit made by the complainants with the opposite party towards the subject flat. The delay, however, has been attributed to many other reasons which were beyond the control of the opposite party. It is also contended that occupancy certificate of the project was granted on 17.09.2018 and offer of possession was made on 06.02.2019 and, therefore, the complainants were bound to take the possession of the subject flat and not entitled for the refund.

Rejoinder had been filed by the complainant.

Parties led their evidences. The matter was fixed for final arguments and it is argued on behalf of the complainants that it is a covered case covered under the judgment of the National Commission in Consumer Complaint No. 3333 of 2017 titled Raju Chowdhary and Anr. Vs. Athena Infrastructure Ltd. and Anr. decided on 25.01.2022, whereby Commission has duly considered all the contentions raised by the opposite party in detail as well as their contentions that the occupation certificate has been obtained and offer of possession has been made and directed refund of the deposited amount along with interest @ 9% p.a. and it is prayed that similar order be passed.

We have gone through the order of this Commission in Consumer Complaint No. 3333 of 2017 titled Raju Chowdhary and Anr. Vs. Athena Infrastructure Ltd. & Anr. and we are satisfied that it relates to the same project in which the complainants have booked their flat. We are also satisfied that all the contentions regarding offer of possession and obtaining of occupancy certificate had already been considered by this Commission in the case supra and had rejected it. Since it is a covered case, we are passing the same order as passed in the above mentioned case.

We, hereby, issue the following directions:

i. The opposite party shall refund a sum of Rs.96,15,000/- along with interest @ 9% p.a. from the date of each deposit till actual payment. The order shall be complied within a period of two months from the date of judgment failing which opposite party shall be liable to pay interest @ 10% p.a.

With these directions, Consumer Complaint stands disposed of.