Haryana

StateCommission

A/327/2015

HARI PARKASH SHARMA - Complainant(s)

Versus

AJS BUILDERS PVT.LTD. - Opp.Party(s)

NAVEEN SINGH PANWAR

18 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      327 of 2015

Date of Institution:      08.04.2015

Date of Decision :       18.07.2016

 

Hari Parkash Sharma s/o Sh. Lukhmi Chand, Resident of House No.700/2, Kago Wali Gali, near Bara Jain Mandir, Sonipat.

                                      Appellant/Complainant

Versus

1.      M/s AJS Builders Private Limited, AJS City, Opposite Kali Mandir, National Highway-1, Gannour, Sonipat, Haryana, through its Director.

2.      M/s AJS Builders Private Limited, Ist Floor, 8 Shaheed Bhagat Singh Marg, New Delhi through its Director. 

                                      Respondents/Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Shri Naveen Singh Panwar, Advocate for appellant.

                             None for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This complainant’s appeal is directed against the order dated February 24^th, 2015, passed by District Consumer Disputes Redressal Forum, Sonipat (for short District Forum), seeking a substantial enhancement of the relief granted.

2.      Hari Parkash-Complainant booked a plot measuring 300 square yards in the upcoming project of M/s AJS Builders Private Limited (for short ‘the builders’) - Opposite Parties, at Ganaour City. The price of the plot was Rs.17,10,000/-. He paid to the builders Rs.2,56,500/- at the time of booking vide receipt dated 30.03.2006 (Annexure C-1) and thereafter paid and Rs.3,54,000/- on 12.05.2006 vide receipt Annexure C-2. Thus, the complainant paid the total amount of Rs.6,10,500/-. The flat was to be allotted within 12 months from the date of booking. The builders failing to allot the plot, the complainant got issued notice dated 06.03.2013 (Annexure C-3) but to no avail.  Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum seeking direction to the builders to allot the plot or in the alternative to refund the amount deposited by him alongwith interest @ 18% per annum from the date of respective deposits; compensation of Rs.2.00 lacs for harassment and Rs.1.00 lac litigation expenses.

3.      The builders/opposite parties did not contest the complaint and were proceeded exparte.

4.      After evaluating the pleadings and evidence of the parties, the District Forum vide impugned order allowed the complaint and directed the builders as under:-

“……..we hereby direct the respondent to refund the earnest amount out of Rs.6,10,500/- after deducting Rs.15% amount and to pay the remaining full amount of instalment to the complainant alongwith interest at the rate of 09% per annum from the date of filing of the present complaint till its actual realization.”

5.      Indisputably, the plot was booked on 30.03.2006 by paying Rs.2,56,500/- vide receipt Annexure C-1. The complainant further paid Rs.3,54,000/- vide receipt dated 12.05.2006 (Annexure C-2). Thus, in all the amount of Rs.6,10,500/- was paid to the builders. What to talk of the allotment of the plot within the stipulated period of 12 months, the builders failed to deliver it for a long period of eight years, that is, up to 21.03.2014 when the complaint was filed before the District Forum. The complainant was not responsible for any delay.

6.      In view of the above, it is held that the complainant is entitled to the refund of the entire amount deposited by him with the builders as the builders have been proved deficient in service. The District Forum fell in error by allowing the opposite parties to deduct 15% of the deposited amount.

7.      Hence, the appeal is partly allowed. The builders are directed to refund Rs.6,10,500/- to the complainant alongwith interest @ 9% per annum from the date of deposits till its realisation.

8.      The impugned order is modified in the manner indicated above and the appeal stands disposed of.

 

Announced: 18.07.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President