DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/164/2016
No. DF/ Central/
Ms. Hemlata
R/o House No. B – 4,
-
New Delhi – 110 092
VERSUS
1. Mr. S.K. Singhal, Chairman
Carnation Developers Pvt. Ltd.,
203, Caxton House,
2 – E, Jhandewalan Extension,
New Delhi – 110 055
2. Mr. Rajat Singhal, Director
Carnation Developers Pvt. Ltd.,
E -127, Industrial Area, Bhiwadi Alwar,
Rajasthan, 301019
3. Mr. Ajay Kumar Agarwal, Director
Carnation Developers Pvt. Ltd.
H. No. – 69, Village Bhiwadi,
Teh. Tizara, Distt. Alwar, Rajasthan - 301019
4. Mr. Kailash Gupta, Director
Carnation Developers Pvt. Ltd.,
4353/ 4C, 1st Floor, Ansari Road,
Darya Ganj, New Delhi - 110002
5. Carnation Developers Pvt. Ltd.,
203, Caxton House, 2E Jhandewalan Extension,
New Delhi – 110 055
…..OPPOSITE PARTY
ORDER
Rekha Rani, President
1. Ms. Hemlata (in short the complainant) filed the instant complaint U/s 12 of the Consumer Protection Act 1986 as amended up to date (in short
the Act) pleading therein that she booked 2 BHK Flat of 690 sq. feet for a total
consideration of Rs. 17,25,000/- (Seventeen Lakh Twenty Five Thousand only) in the project Krish City Heights, Bhiwadi of Carnation Developers Pvt. Ltd., ( in short the OP) and made an advance payment of Rs. 1,50,000/- (Rupess One Lac Fifty Thousand) vide cheque no. 232087 dated 28th June 2012 drawn on Punjab National Bank. At the time of booking of the flat OP informed the complainant that the project will start soon and the complainant will get the physical possession of the flat within a period of 03 years. As per demand raised by OP complainant has paid Rs. 3,70,000/- (Rupees Three Lac Seventy Thousand only) to OP. OP has not been able to give satisfactory reply to the complainant regarding progress of the project. More than 3 ½ Years have elapsed but the project has not been commenced. Hence complainant has requested that OP be directed to refund her deposit of Rs. 3,70,000/- (Rupees Three Lacs Seventy Thousand) with interest @ 12% per annum from date of payment till the date of refund, to pay compensation of Rs.10,00,000/- (Rupess Ten Lacs Only) for deficiency in service, to pay compensation of Rs. 2,00,000/- (Rupees Two Lacs ) for causing mental pain and harassment and Rs. 55,000/- (Rupees Fifty Five Thousand) towards litigation cost.
2. On receipt of notice OP appeared and contest his claim vide its reply.
3. We have heard Shri Anoop Kumar Pandy counsel for complainant.
Shri Manoj Kumar Mishra AR for OPs.
4. AR for OP objected to jurisdiction of this Forum to adjudicate the matter.
5. Delhi State Consumer Disputes Redressal Commission in Smt. Shivani Sharma and Shri Aditya Sharma Vs. M/s. TDI Infrastructure Ltd., vide its order dated 10 October 2017, observed that the complainant had sought refund of an amount of Rs. 26,10,256 (comprising of Rs.10,20,255/- (the amount paid by the complainants from their own funds) + Rs.15,90,001/-(loan amt, paid by the Bank to the OP ), Rs. 2,42,104/- paid by the complainant towards interest and Rs. 10,000/- paid towards loan processing charges with interest @ 12% per annum and Rs. 20 Lacs for deficiency in service. It was held that
‘’Compensation is in any case to be added to the value of good for determining pecuniary jurisdiction as contemplated in the Act. Interest cannot be ignored for the purpose, as apparently interest and compensation are the component of the same project. Infact as per the law settled both interest and compensation can, be granted, depending on the facts of the case. In the event the deficiency of service is established, the sufferer in our view is entitled to both, interest for the delayed period and compensation for the harassment and mental agony caused to him due to alleged deficiency.
Their Lordship in the matter of Bangalore Development Authority vs. Syndicate Bank - AIR 2007 SC 2198 - has held.
".........the complainant can be awarded the compensation in addition to the interest".
The Hon'ble NCDRC while disposing of the complaint case no.213/2012 on 14.03.2016 in the matter of Vijay Kumar Arya vs. M/s. TDI Infrastructure Pvt. Ltd. passed following orders.
"In view of the above discussion the OP is directed to pay Rs.38,20,000/- alongwith interest @12% from the date of deposit by the complainant till the date of refund by the OP. The OP is further directed to pay Rs. One Lakh as compensation."
Having regard to the facts and circumstances of the case and following the ratio in the case of Ambrish Shukla (Supra) we find merit in the application filed by the opposite parties praying for dismissal of the complaint on the ground of pecuniary jurisdiction of this Commission and we order accordingly. ‘’
6. In Shri Ravi Raj Chawla vs. Universal Buildwell Pvt. Ltd. Complaint No. 877/2017 vide its order dated 31/05/2017 Delhi State Consumer Disputes Redressal Commission noted that Complainant had prayed for refund of Rs. 58,27,886/- along with pendent lite and future interest @ 24% per annum compounded on the said sum till the date of actual realization of the payment. Hon’ble Delhi State Commission held that complaint was not maintainable as the Commission did not enjoy pecuniary jurisdiction. It was observed that :
‘’Total amount, the amount claimed and the
Interest has to be computed for arriving at a
decision whether State Commission enjoys
pecuniary jurisdiction or not’’
7. Now coming to the instant case admittedly the total consideration amount of the flat in question is Rs. 17,25,000/-. Learned counsel for complainant has placed on record calculation sheet. As per the said calculation sheet complainant deposited Rs. 1,50,000/- with OP on 14/06/2012 and interest of Rs. 1,07,211/- at the rate of 12% p.a. is calculated on this amount till 28/05/2018. Complainant further deposited Rs.1,50,000/- with OP on 27/08/2012 and interest @ 12% calculated up to 28/05/2018 is Rs. 1,03,562/-.
Complainant further deposited Rs. 70,000/- on 27/04/2013 and interest @ 12% calculated on the said amount till 28/05/2018 is Rs. 42,736/-. Total interest up to 28/05/2018 is stated to be Rs. 2,53,509/-. Complainant has also claimed compensation of Rs. 10 Lacs for causing deficiency in service and Rs. 2 Lacs for causing harassment. If interest amount of Rs. 2,53,509/- and compensation claimed is added to total consideration amount of Rs. 17,25,000/- the same is beyond the pecuniary jurisdiction of this Forum since as per Section 11 (i) of the Act the District Forum has pecuniary jurisdiction to adjudicate claims where the value of goods and services and the compensation claimed does not exceed Rs. 20 Lacs.
8. The complaint be accordingly returned to the complainant to be presented before the appropriate forum having jurisdiction. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this 02nd Day of Aug. 2018.
