At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. JUSTICE V. BALAKRISHNA ERADI
By, MR. Y. KRISHAN &MR. JUSTICE B.S. YADAV
For the Complainant: Mr. Sharat Kapoor, Adv. for M/s. Bhasin & Bhasin. For the Opp. Party: Ms. Richa Kapoor, Advocate.
Mr. Justice V. Balakrishna Eradi, President?
Heard Counsel on both sides. It is clear that there has been deficiency in service on the part of the respondent inasmuch as despite the complainant having entered into an arrangement with the respondent herein, the builder, for being provided with three flats under construction in the year 1981, the complainant has not, so far, been provided with any one of these flats, and it is represented before us that the building which has been constructed in the year in question by the respondent has been taken over by the Delhi Development Authority and hence the respondent is not in a position to perform the contract which he had entered into with the complainants. Whatever that may be, the liability of respondent to compensate the complainant for the loss suffered by him remains unaffected particularly because the action taken by the Delhi Development Authority was caused only on account of the default on the part of the respondent in the matter of carrying out his obligation in relation to the said flats towards the D.D. A. We direct that the respondent herein shall refund to the complainant the full amount of Rs. 5,87,387-50 with interest at 15% p.a. from the date of each deposit till the actual repayment. The complainant shall also be entitled to recover a sum of R
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s. 5,000/- by way of costs of the petition from the respondent. The payment specified above shall be made within a period of three months from today.