ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
COMPLAINT CASE NO. 142 OF 2022
Shivakant Chaurasia
S/o Late Dwarika Prasad Chaurasia
R/o 1/61, Virat Khand, Gomti Nagar
Lucknow
President R/o 23, Nandi Vihar Colony
Chinhat, Lucknow
....Complainant
Versus
- Ansal Properties and Infrastructure Limited
Office situated at 13 First Floor
Uttar Bharat Yuwak Bhawan
Rana Pratap Marg, Lucknow
Through its Director
- Ansal API, IInd Floor
Shopping Square Sector, D,
Sushant Golf City
Lucknow-226030
Through its Director
...Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUAMR, PRESIDENT
HON’BLE MR. VIKAS SAXENA, MEMBER
For the Complainant : Sri Dilip Kumar Shukla, Advocate.
For the Opposite Party : Shri Manvendra Pratap Singh, Advocate.
Dated: 12-01-2023
JUDGMENT
HON’BLE MR. VIKAS SAXENA, MEMBER
The instant complaint has been filed by the complainant Sri Shivakant Chaurasia against the opposite parties Ansal Properties and Infrastructure Limited and another under Section 47(i)&(ii) of the Consumer Protection Act, 2019 for refund of the amount Rupees 1,95,000/- along with interest at the rate of 18% per annum, alleged to be tendered by him to the opposite parties for purchase of a flat or to pay the compensation of Rs.5,00,000/- for mental shock and agony and other reliefs.
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As per the complaint, the Complainant booked a flat under the scheme named as ‘Asra/Bharosa Yojana’ of the opposite parties by tendering the amount Rs.10,000/- for which a proper receipt dated 15. 10. 2013 was issued by the opposite parties. The Complainant again deposited Rs.1,75,000/- on date 26. 05. 2015 and a unit number 3641-0-k6/A 15/GF-06 was allotted by the opposite parties to the complainant. The Complainant has also mentioned that after depositing initial Rs.10,000/-, the complainant again deposited Rs.10,000/- on date 12. 04. 2014 and in this way he deposited total Rupees 1,95,000/- with the opposite parties for owning a flat in the above said scheme of the opposite parties. After deposit of the said amount the Complainant visited many times to the construction site but surprisingly found that no progress has been made towards construction of the said flat. After waiting a long time the Complainant instituted the complaint on date 18. 10. 2022 for the above mentioned reliefs.
The Complainant has submitted the copy of application form dated 15.10. 2013, the copy of receipt dated 15. 10. 2013 for Rs.10,000/-, a copy of receipt dated 26.05.2015 for Rs.1,75,000/- , copy of allotment letter dated 27. 03. 2014, copy of receipt dated 12. 04. 2014 for Rs.10,000/- and other documents relating to the transaction.
We have heard the ld. Counsel Shri Dilip Kumar Shukla on behalf of the complainant and ld. Counsel Shri Manvendra Pratap Singh, Advocate on behalf of the opposite parties ‘M/S Ansal properties and Infrastructure Limited’.
The Counsel present on behalf of both the parties submitted that the parties have arrived at a mutual agreement that the complainant has now agreed to accept the total amount tender by him to the opposite party along with an interest of 10% per annum from the date of deposit to the actual payment. The Counsel for the opposite party has also informed that the opposite party ‘Ansal Property and Infrastructure
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Limited’ has also agreed to return the amount deposited by the complainant with 10% annual interest on the said amount from the respective dates of deposit.
Considering the mutual agreement arrived at by both the parties, as informed by their Counsels, we find it appropriate to dispose of the complaint in terms of the compromise.
ORDER
The complaint is disposed of in terms of compromise arrived at between both the parties. As per the compromise the opposite party 'Ansal properties and Infrastructure Limited' shall pay the entire amount Rs.1,95,000/- deposited by the Complainant along with interest at the rate of 10% per annum from the date of deposits till date of actual payment.
Both the parties shall bear their own costs of the Complaint.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission today itself.
(Justice Ashok Kumar) (Vikas Saxena)
President Member
Pnt
Court-1
