Delay of 3 days in filing the appeal is condoned. -2- Appellant booked a flat. Sale consideration was Rs.23,83,408/-. Appellant paid Rs.4 Lac. Thereafter, in spite of the demand raised by the respondents, appellant did not deposit any amount. Respondents cancelled the allotment, aggrieved against which appellant filed complaint before the State Commission seeking a direction to the respondents to withdraw the letter of cancellation of allotment and issue a Flat Buyer’s Agreement in favour of the appellant or, in the alternative, to refund Rs.4 Lac with interest @ 18% from 02.07.2009 along with appreciation value of Rs.5 Lac and Rs.2,50,000/- for mental agony along with costs of Rs.55,000/-. State Commission came to the conclusion that the appellant was a defaulter as she did not pay the amount on the due date, but taking a lenient view, the State Commission directed the respondents to refund the sum of Rs.4 Lac. Operative part of the order of the State Commission reads as under: “It is not disputed that the complainant had booked a flat with the opposite party measuring 1133 sq. ft in Tower B-6 Unit No.704 in the SRS Royal Hills Apartments. The complainant had paid Rs.4,00,000/- to the opposite party in two instalments vide receipt No.trf/1214/A/0622 dated 02.07.2009 and receipt No.35848/S1214 dated 02.07.2009, under issuance of allotment letter No.A/FBD/87/0622 on 01.07.2009. The grievance of the complainant is that the opposite party failed to complete the flat in -3- question and thus failed to deliver the possession of the flat though the amount of Rs.4,00,000/- was already deposited by the complainant with the opposite party. Now the complainant is showing her willingness either to take possession of the flat or to take refund of the deposited amount. This case came up for hearing on 03.05.2013. Since prima facie we agreed with the view taken by the State Commission that the appellant was a defaulter but still taking a lenient view we adjourned the case to 24th July 2013 to enable the appellant to deposit the total sale consideration amount minus Rs.4 Lac which she had already paid to the respondent along with interest @ 12% from the respective dates when the amounts became due till the date of deposit. Appellant has filed these applications seeking a direction as to how much amount should be deposited by her. In order to obviate any dispute on the exact amount demanded, we directed the appellant to deposit a lump sum of Rs.35 Lac with this Commission within two weeks. Instead of depositing the amount, the appellant has filed these applications seeking recall of the direction to deposit the amount of Rs.35 Lac as well as a direction to the respondent to provide Flat Buyer Agreement of the booked unit to the appellant to enable her to avail the housing loan facility. No ground to recall our
-4- order directing the appellant to deposit Rs.35 Lac is made out. The story of supply of Buyer Agreement has again been repeated here which was done before the State Commission as well. We are still of the view that the appellant is trying to avoid making the payment. It is a speculative and frivolous statement. Appeal is dismissed. | 
