Delhi

StateCommission

FA/923/2013

SATYENDRA SAHAI - Complainant(s)

Versus

ANSAL HOUSING & CONSTRUCTION LTD. - Opp.Party(s)

13 May 2015

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :13.5.2015

F.A No. 923/13

(Setting aside the order dated 4.12.12 and 18.12.2012 passed in Complaint Case No.370/08 passed by the District Consumer Dispute Redressal Forum (New Delhi) Vikas Bhawan, New Delhi)

In the matter of

Sh. Satyendra Sahai

S/o Sh. B.S. Saxena

R/o K.H. 103, Kavi Nagar,

Ghaziabad (U.P.)

……Petitioner

 

Versus

Ansal Housing & Construction Ltd.

15-UGF, Indra Prakash,

21, Barakhamba Road,

New Delhi-110001

•  

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

1.       Whether reporters of local newspaper be allowed to see the judgment?

2.       To be referred to the reporter or not?

 

Justice Veena Birbal, President

                                       

1. In this appeal, challenge is made to order dated 4.12.12 by which the Consumer Dispute Redressal Forum (in short, ‘the District Forum’) has directed the respondent/OP to pay the principal amount of the appellant/complainant with 12% interest and Rs.50,000/- has been awarded as litigation charges.  A challenge is also made to the order dated 18.12.12 whereby the respondent/OP has been directed to comply the aforesaid order.
2. The appellant herein was the complainant before the District Forum. He had filed a complaint under section 12 of the Consumer Protection Act (in short,’the Act’) alleging therein that on 6.10.94 a Plot Buyers Agreement and Construction Agreement were entered into with the respondent.  He had alleged having made payment of Rs.40,888/- towards basic cost of Aakriti Homes to the respondent/OP. The appellant had alleged having made subsequent payment to the respondent/OP on 14.5.96, details of which had been given in the complaint.  The appellant/complainant had alleged that he wrote letters from time to time to the respondent enquiring about the status of Aakriti Independent Home. It was alleged that the respondent did not hand over the possession of the Aakriti Independent Home to the complainant till 2008.  Thereafter the complainant had filed the complaint before the District Forum making prayer for handing over vacant and peaceful possession of 7, Aakriti Homes, Chiranjiv Vihar, Ghaziabad on its original price to the appellant/complainant or an alternative accommodation in the other project of respondent/OP and to also compensate for loss besides other mandatory loss caused to him.
3. Respondent/OP had opposed the complaint by filing a written statement alleging therein that there was no fault on the part of the OP/respondent and and allegations made against the respondent were wrong.
4. The appellant/complainant had filed rejoinder. The evidence by way of affidavits was filed by both the parties.
5. Thereafter matter was listed for final hearing on 4.12.12.
6. The grievance of the appellant is that the Ld. District Forum has disposed of the complaint in an arbitrary manner without giving any reasons and without considering pleadings and the evidence on record.
7. It is contended number of prayers were made in the complaint. However nothing has been considered and the impugned order was passed for refund of payments made by the appellant without giving reasons for declining the other prayers of the appellant.
8. Counsel for the respondent has submitted that in the facts and circumstances of the case it can’t be said that the impugned order is passed in an arbitrary manner.
9. We have heard the submissions of the parties.
10. The impugned order dated 4.12.12 by which complaint has been disposed of is as under :-

Present :       Parties

     Argument heard.

     OP is directed to pay principal amount alongwith 12% and Rs.50,000/- as litigation & harassment.

     Fix up for compliance.

     18.12.12 by separate orders.

11. On 18.12.12 another order is passed by the Ld. District Forum which is as under:-

Present :       None for the Complaint

                   Mr. Anil Santap, Counsel for the OP

     Counsel for OP has brought a cheque of Rs.3,72,400/- bearing No.591633 dated 14.12.12 towards compliance of order of this forum dated 4.12.12.

     Cheque is placed on record file.

     Cheque be given to complainant as and when he appears.  Order is complied.  Case is dismissed as complied. File be consigned to R/R.

     Copy of order be given dasti, if desired.

12. Perusal of the impugned order dated 4.12.12 shows that the District Forum has given direction for payment without considering the pleadings and evidence of the parties and even their submissions have not been considered.  This is not the way to dispose of the case. Nothing has been stated in the impugned order as on what basis the conclusion has been arrived by the District Forum in giving directions to the respondent/OP to pay principal amount with interest. No reasoning is given as to why the prayer of the appellant/complainant for handing over the possession or alternative accommodation not been considered when that was the main prayer.  The impugned order is totally a non speaking order. The Ld. District forum was required to deal with all the aspects raised. The District forum ought to have dealt with the pleadings of the parties, relevant evidence on record and thereafter was supposed to give the reasons for arriving its conclusions.  The impugned order is not legally sustainable.   In the interest of justice the impugned order is set aside and the matter is remanded back to the District Forum where the parties shall appear on 13.7.2015. On the said date, the District Forum shall hear the parties afresh or shall give a date for hearing as per its convenience.  After hearing the parties, the Ld. District Forum shall pass fresh order in the matter in accordance with the law.
13. The appeal stands allowed.
14. FDR, if any, be release in favour of appellant as per Rules.
15.   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum. The record received for District Forum be also sent back forth with.
16. File be consigned to Record Room.