"Considering the failure of the OP (Opposite Party) to perform its contractual obligation by offering possession of the flat booked by the complainant, the complainant cannot be compelled to wait for an uncertain period till the OP is able to complete construction of the flat which it had booked by them," a bench presided by Justice V K Jain said.
"The OP (firm) shall refund the entire amount of Rs 55,92,636 ... And pay a sum of Rs 10,000 as cost of litigation to the complainant," it said.
According to the complaint filed by Bhatia, he booked a flat worth Rs 1.35 crore with the firm's project in Noida which, as per the allotment letter, was supposed to be handed over in July 2015. The delivery date was further extended to January 2016.
Even after extension of the delivery date and the payment of Rs 55,92,636, the firm failed to hand over the possession, the complainant said while demanding refund of the money.
The builder claimed that only Rs 45.92 lakh was paid by the complainant and in case of delay they were entitled only to an agreed compensation of Rs 5 per sq.Ft. Per month of the super area in terms of clause 3 of the allotment letter.
The Commission held that this clause would apply to the cases where the buyer takes possession of the allotted flat and not to the cases where the buyer seeks refund of the amount paid by him due to the failure of the builder to deliver possession as per the agreement between the parties.
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