Haryana

StateCommission

A/806/2015

KUSUM YADAV - Complainant(s)

Versus

ANSAL HOUSING AND CONSTRUCTION - Opp.Party(s)

SARAVJIT SINGH KHURANA

20 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                         First Appeal No.806 of 2015

Date of Institution: 24.09.2015

                                                           Date of Decision: 20.11.2015

 

Kusum Yadav W/o Shri Narender Singh Yadav Advocate resident of near Nirankari Bhawan, Dharuhera Chowk, Rewari.

…..Appellant

Versus

 

Ansal Housing & Construction Ltd. 15, UGF, Indra Prakash, 21 Barakhamba Road, New Delhi through its Managing director/ Competent person.

                                      …..Respondent

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:              Shri S.S.Khurana, Advocate counsel for   appellant.

 

                                                   O R D E R

URVASHI AGNIHOTRI, MEMBER:

1.      Kusum Yadav complainant has come up in appeal for modification of the order dated 21.08.2015 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Rewari, by which order, her complaint has been allowed by granting the following relief:-

“Resultantly complaint is allowed.  The impugned interest amount of Rs.1,17,397/- calculated on the due amount of Rs.60,545.81, is quashed and the opposite party is directed to offer the possession of the plot in question to the complainant within 45 days subject to depositing the due amount of Rs.60,545,81 by the complainant within 15 days, from the date of receipt of the copy of this order.  The complainant is also awarded compensation to the tune foRs.30,000/- alongwith litigation expenses which are assessed at Rs.11,000/- against the opposite party to be paid to the complainant within the above stipulated period of 45 days.”

2.       Briefly stated, the Ansal Housing and Construction Ltd. allotted Plot No.A-107 to one Rekha Arya on 04.03.2005. The plot measured 359 Sq Yards and the allottee deposited a sum of Rs.4,72,500/- @ Rs.4500/- per Sq. Yards. Two years later on 14.07.2007, this very plot was transferred in the name of complainant Kusum Yadav, who deposited the entire payment in time i.e. Rs.20,92,471/-. A sum of Rs.80,728/- @Rs.225/- Per Sq. Yards was to be deposited by way of external development charges at the time delivery of possession of the plot. However, the possession of the said plot had not been given to the complainant so far, even though a period of eight years had expired. Aggrieved against that the complainant approached the learned District Forum by claiming the refund of preferential location charges    @ Rs.600/- per Sq. Yards alongwith interest @21% from 1^st September, 2008 till the date of possession. Complaint was contested by the Ansal Housing and Construction Ltd. on the ground that on account of electrification charges of Rs.60538.81 alongwith interest amounting to Rs.1,17,397/- were due towards the complainant and the respondent – OP were willing to offer the possession of the plot to the complainant only after the aforesaid amount was deposited by the complainant.

3.       The learned District Consumer Forum after perusing the payment schedule (Ex. C-10) found as a fact that the complainant had already paid the entire dues and the alleged electrification chargers of Rs.60,545.81 were to be deposited at the time of offer of possession. Since the development work of the project had not yet been completed, there was no question of offering immediate possession to the complainant. Obviously, penal interest calculated by the appellant i.e. Rs.1,17,397/- was wholly uncalled for, as the possession had not been offered to the complainant.  Moreover, the complainant had also paid 5% of the total amount i.e. Rs.1,07,650/- as mentioned in the Exbt. OP/5. Despite this, the refusal to deliver possession of the plot and demanding interest on the amount of Rs.60545.81 is wholly unwarranted. Kusum Yadav, appellant – complainant has filed the appeal for the modification of the order passed by the learned District Forum, Rewari.

4.       We have heard the learned counsel for the appellant and have gone through the order passed by the learned District Forum, Rewari.

5.       We are satisfied that, the plea taken by the appellant is wholly unwarranted and there is a deficiency in service on their part, as they have failed to offer the possession of the plot to the complainant so far, but Kusum Yadav, appellant – complainant only prayed for the following relief :-

“It is, therefore, respectfully prayed that this appeal may kindly be accepted and the order passed by the learned District Forum, Rewari partly allowing the complaint of the appellant may kindly be modified in the interest of justice”.

6.       The order passed by the learned District Forum is factually and legally in order, as the reliefs granted are sufficient enough to meet the ends of justice, namely ;

1. the interest amount demanded by the OP- respondent has been quashed
2. a direction has already been issued to offer the possession of the plot within a stipulated period of 45 days, subject to deposit of the amount of Rs.60,545.81 by the appellant – complainant and
3. the appellant has already been awarded a compensation to the tune of Rs.30,000/- alongwith litigation expenses as assessed Rs.11,000/-. 

7.       In view of this, we do not find any ground to modify the order passed by the District Forum; hence, the appeal of the appellant–complainant is hereby dismissed.

 

November 20th, 2015              Urvashi Agnihotri                                R.K.Bishnoi,                                                   Member                                               Judicial Member                                              Addl. Bench                                        Addl.Bench