Haryana

StateCommission

A/639/2015

BPTP LTD. - Complainant(s)

Versus

BHANU PARTAP SINGH RATHORE - Opp.Party(s)

HEMANT SAINI

02 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

          

                                                                    First Appeal No  :   639 of 2015

Date of Institution:  30.07.2015

                                                                   Date of Decision:    02.03.2017

 

 

BPTP Limited, M-11, Middle Circle, Connaught Circus, New Delhi-110001 through its Authorized Representative Mr. Vipin Saroha.

 

                             Appellant-Opposite Party

 

Versus

 

Bhanu Partap Singh Rathore son of Shri Ram Naresh Singh Rathore, Resident of House No.180/48, Air Defence Regiment, 56 APO Infrantry Line, Jam Nagar (Gujarat).

Respondent-Complainant

 

 

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

                             Mr. Balbir Singh, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member

 

 

Argued by:          Mr. Hemant Saini, Advocate for the appellant.

                             Respondent ex parte.

 

 

                                                   O R D E R

 

 

NAWAB SINGH J. (ORAL)

 

          By filing the present appeal, BPTP Limited-opposite party (for short ‘builder’) has challenged the order dated June 04^th, 2015 of District Consumer Disputes Redressal Forum, Gurgaon (for short, ‘District Forum’), whereby complaint filed by Bhanu Partap Singh Rathore-complainant was allowed.  For ready reference operative part of the order is reproduced as under:-

          “6.     Keeping in view the facts and circumstances discussed above, we accept the complaint and direct the opposite party to refund Rs.5 lacs with interest at the rate of 9% per annum from the date of filing of the present complaint i.e. 14^th December, 2012 till realization. The complainant, who is an Army Officer, is also awarded compensation of Rs.50,000/- for harassment and mental agony caused to him.  He is also entitled to litigation expenses of Rs.2200/-.  The opposite party shall make the compliance of the order within a period of thirty days from the date of receipt of this order…..”

 

2.      Today this case was fixed for notice to Bhanu Partap Singh Rathore-complainant.  Shri Hemant Saini, counsel for the builder has placed on record copy of the email sent to Bhanu Partap Singh Rathore informing him about the date fixed, that is, March 02^nd, 2017 (today) in the matter before this Commission.  Inspite of that, nobody has appeared on behalf of Bhanu Partap Singh Rathore.  Accordingly, he is proceeded ex parte.

3.      Learned counsel for the builder has urged that vide email dated May 22^nd, 2014, the complainant made a request to the builder to cancel his allotment of flat and to refund the deposited amount of Rs.5,00,000/-. 

4.      Learned counsel has further urged that principal amount of Rs.5,00,000/- alongwith Rs.1,82,902/-, that is, interest accrued thereon has been paid to the complainant vide Demand Draft No.526474 dated April 15^th, 2016.  Since, the cancellation was made on the request of complainant and the amount was refunded to him alongwith interest, so, awarding compensation of Rs.50,000/- by the District Forum was not justified. 

5.      Submission being convincing and in the circumstances of the case, the compensation of Rs.50,000/- is waived and the impugned order is modified to this effect.  The appeal stands disposed of accordingly.  

6.      The statutory amount of Rs.25000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 02.03.017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK