New Delhi: If a person refuses to accept
the offer of possession of flat then he will not be entitled
to any interest on the sum deposited with the builder, the
apex consumer body has held.
"Since the complainants were themselves responsible
for not accepting the possession offered to them way back in
1986 and even thereafter in 2000 before the State Commission,
they are not entitled to any interest on the said amount till
the date of the order of the state commission," it said.
Noting that the allottee was not interested in
possessing the flat which was offered by the builder in 1986
and the state Consumer Commission in 2000, the National
Consumer Commission said he has failed to show that the excess
sum was paid to the builder.
The Commission passed the order on a plea of
Delhi-based builder Raj Sudha Towers Private Limited,
challenging the Delhi Consumer Commission`s direction to pay
one Dinesh Chand Arora and Mohan Lal Arora Rs 1.07 lakh along
with Rs 25,000 compensation for allegedly denying him the
possession of flat.
"The complainants were at fault in not accepting the
possession which was offered on November 28, 1986, and did not
pay the amount due shown therein," the Commission comprising
members R K Batta and P D Shenoy said.
"Even after the proceedings were filed before the
State Commission, the builder had offered possession in the
year 2000 and even thereafter till the order was passed but
the complainants were not willing to take possession," the
"Balancing the equities on the side of the
complainants and the builder, we are of the opinion that a sum
of Rs 81,700 is required to be refunded to the complainant,"
the Commission held.
Arora had booked the flat in 1982 but was not given
possession by the builder who allegedly demanded an additional
sum owing to rise in construction costs.
He had filed a complaint with the state Consumer
Commission in 1999 against the builder seeking Rs 5.25 lakh
with interest along with possession of the flat.
The Commission said the order of the lower forum was
passed without proper discussion and in a slip-shod manner.