Sri Arup Kumar Bose vs Sri Pralay Kumar Das on 20 March, 2015
The Appellant has also filed the completion certificate dated 24/12/09. From the BNA of the Appellant it is clear that 3rd party interest has already been created. In the petition of complaint at paragraph 10 the Complainants have also expressed apprehension about the creation of 3rd party interest. It is the case of the OP/Appellant that the agreement has been cancelled as the Complainants did not make payment of the balance amount as per terms of the agreement and in this connection the Learned Counsel for the Appellant has referred to the decision reported in 2013 (1) CPR 65 (NC) (supra) wherein it has been held that the allotment of flat can be cancelled for default in payment. Admittedly, out of Rs.13 lakh, Rs.9 lakh has been paid by the Complainants. Since it appears from the BNA of the Appellant that 3rd party interest has been created and agreement has been cancelled, we are of the view that the Complainant is entitled to get refund of the amount already pad to the OP/Appellant and get compensation. We, therefore, modify the impugned judgment as hereunder.