District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.339/2022.
Date of Institution:22.06.2022.
Date of Order: 06.02.2024.
Annada Shankar Panda & Sushma Kumari Panda C/o Bhanjalava Panda House NO. DD-251, Dabua Colony, Faridabad, Haryana – 121001. M-9810972455.
…….Complainant……..
Versus
Conscient Infrastructure Pvt. Ltd. K-1, Green Park Main, New Delhi – 110016.
&
Conscient Infrastructure Pvt. Ltd., Habita 78, Sector-78, Faridabad, Haryana.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Annada Shankar complainant in person with counsel Sh. Neeraj Gera Madan.
Sh. Dilshad Khan, AR on behalf of OP/Conscient Infrastructure Pvt. Limited alongwith Ms. Poorva Pant/Sh. Rajender Singh Negi Advocate.
ORDER:
Today the case was fixed for arguments.
In this complaint, the complaint applied for a flat of 2 BHK. The
complainant got his flat in waiting list. After that he got regular list by the opposite party.
Inadvertently, the flat was allotted with utility unit in March 2019 which was corrected
by the opposite party within 4 months and sent a letter of correction. Earlier the
complainant allotted Flat No A6-706 in project Habitat 78, Faridabad and later on the
complainant was allotted a 2 BHK flat being flat No. A3-1101, 11th Floor, Tower A3 in
their project Habitat 78, Faridabad. After that the complainant paid the full cost of the
flat and opposite party got occupation certificate (OC) vide letter dated 11.01.2022
(Ex.RW-11) and demanded for the delayed interest. Hence, the complainant filed this
complaint bearing CC No. 339 dated 22.06.2022.
Shri Dilshad Khan, AR on behalf of opposite party/Conscient Infrastructure Pvt. Limited has made a statement that the Conscient Infrastructure Private Limited is willing to hand over the flat bearing No. A3-1101 situated habitat-78, Sector-78, Faridabad by waiving the remaining amount of interest Rs.75,554/-. We shall handover the possession upon the complainant executing the post possession documents including the conveyance deed for the above flat.
On the other hand, Shri Annanda Shankar complainant in person with counsel Shri Neeraj Gera Madan has made a statement that “I have understood the offer given by the opposite party today and I accept the same.”
On the basis of the statement of both the parties, direction is given to the opposite party to handover the flat bearing No. A3-1101 situated habitat-78, Sector-78, Faridabad by waiving the remaining amount of interest Rs.75,554/- and also handover the possession upon the complainant executing the post possession documents including the conveyance deed for the above flat . The opposite party is also directed to
pay Rs.5500/- as compensation on account of mental tension, agony and harassment alongwith Rs.5500/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. In case of non compliance within 30 days, opposite party will pay Rs.1,00,000/- (Rs. One lace only) to the complainant as compensation. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 06.02.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.