Haryana

Sonipat

210/2013

KRISHNA W/O SATENDER - Complainant(s)

Versus

1. PARASVNATH DEVELOPERS LTD.,2. PARASVNATH DEVELOPERS LTD. BRANCH OFFICE - Opp.Party(s)

Anup Singh Dahiya

25 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

             

                             Complaint No.210 of 2013

                             Instituted on:23.04.2013                                           Date of order:25.08.2015

 

Krishna wife of Satender, r/o H.No.171, Sector 14, Sonepat.

 

                                                ……Complainant

 

                   VERSUS

 

1.Parsvnath  Developers Ltd, 6^th Floor, Arunachal Building, 19 Barakhamba road, New Delhi-01 through its Director.

2.Parsvnath Developers Ltd., Sector 8 Near Tau Devi Lal Park, Sonepat through its Manager.

     ……Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. AS Dahiya Adv. for complainant.

           Sh. Pankaj Rohila, Adv. for respondents.

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that she applied for a plot measuring 503 Sq. yards in Block A of the proposed township i.e. Parsvnath City near Tau Devi Lal Park, Sector 8, Sonepat and the complainant has deposited huge amount with the respondents from time to time.  But despite this, on 1.9.2011, at their own the respondents cancelled the plot no.A-0076 without hearing the complainant.  Despite repeated requests and despite having deposited huge amount by the complainant, the respondents did not hand over the possession of the plot till date.  The respondents have not taken any permission from NHAI.  The respondents have caused unnecessary mental agony and harassment to the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, she has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that due to the faults of the complainant herself, the booking was cancelled.  The allegations leveled by the complainant against the respondents are totally wrong and false.  The complainant was allotted a plot no.A-0070 in their project by the respondents.  Despite failure on the part of the complainant to clear the outstanding installments, the respondents offered possession of the plot to the complainant on 30.8.2008.  But the complainant has failed to clear the dues.  The respondents are within their rights not to hand over the possession of the plot unless and unless the outstanding installments amount were paid by the complainant.  The respondents have obtained requisite permission and licence from DTCP Haryana and thus, approval from NHAI is not required.  The complainant has not suffered any mental agony or harassment due to any fault of the respondents and thus, prayed for the dismissal of the present complaint.

3.        We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.        Ld. Counsel for the complainant has submitted that huge amount of the complainant is lying deposited with the respondents, but despite this, the respondents have failed to hand over the possession of the plot to the complainant and that amounts to a grave deficiency in service on the part of the respondents.  It is also submitted that without giving any opportunity of hearing, the respondents wrongly and illegally cancelled the plot no.A-0076 of the complainant.

          On the other hand, ld. Counsel for the respondents have submitted that due to the faults of the complainant herself, the booking was cancelled.  The allegations leveled by the complainant against the respondents are totally wrong and false.  The complainant was allotted a plot no.A-0070 in their project by the respondents.  Despite failure on the part of the complainant to clear the outstanding installments, the respondents offered possession of the plot to the complainant on 30.8.2008.  But the complainant has failed to clear the dues.  The respondents are within their rights not to hand over the possession of the plot unless and unless the outstanding installments amount were paid by the complainant.

          In the present case, there is a dispute regarding the deficiency in service in between the complainant and the builders.

          We have gone through the entire relevant material available on the case file very carefully and it appears that the respondents have failed to  deliver the physical possession of the plot in question to the complainant despite the fact that they have received the huge amount from the complainant and that amounts to a grave deficiency in service on the part of the respondents as they are utilizing the huge amount of the complainant for their personal gain and without providing any services to the complainant.  Thus, we hereby direct the respondents to hand over the physical possession of the plot no.A-0076 to the complainant.  The complainant is also directed to make the payment of the remaining amount to the respondents in respect of the plot in question. The respondents are further directed to accept the remaining amount in respect of the plot in question from the complainant without any interest or penalty.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

(Prabha Wati)      (DV Rathi)    (Nagender Singh-President)

Member DCDRF      Member DCDRF           DCDRF, Sonepat.

 

Announced:25.08.2015