Chandigarh

StateCommission

A/138/2017

A. P. Arora - Complainant(s)

Versus

DLF Universal Ltd - Opp.Party(s)

Bhuwan Vats

19 Jul 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

 

First Appeal No.	:	138 of 2017
Date of Institution	:	19.05.2017
Date of Decision	:	19.07.2017

 

A.P. Arora, r/o #427, Sector 37-A, Chandigarh.

……Appellant/Complainant

 

V e r s u s

1. DLF Universal Ltd., DLF Center, Sansad Marg, 110001, through Managing Director.
2. DLF Universal Ltd., SCO 190-91-92, Sector 8-C, Chandigarh, through Manager.

…..Respondents/opposite parties no.1 and 2.

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                MR. DEV RAJ, MEMBER.

                MRS. PADMA PANDEY, MEMBER

 

Argued by: Sh.A.P. Arora, appellant in person.

                  Sh.Arjun Sharma and Ms.Sapna Seth, Advocate for the respondents.

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

              The appellant/complainant has filed this appeal, against an order dated 19.04.2017, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short the Forum only), vide which it dismissed consumer complaint bearing no.19 of 2016, filed by him.

2.        Before the Forum, it was case of the appellant that, in the year 1993, by moving an application, he deposited an amount of Rs.15,000/-, with the respondents/opposite parties, for purchase of one shop, in a commercial project, launched by them. On 15.04.1994, draw of lot of shops was conducted by the respondents. The appellant remained successful, in the draw of lot and a shop was allotted to him. Intimation qua that was given to him vide letter dated 19.04.1994. It is on record that further four installments, towards price of the shop was paid by him on 28.04.1994, 17.05.1994, 23.12.1994 and 26.04.1995. In all, he paid an amount of Rs.1.50 lacs, by 26.04.1995. It is his case that thereafter, when further demand was raised by the respondents, he raised objections by writing letters, to the same. He also raised objection qua location/situation of the shop. Correspondence continued between the parties. He opted for refund of amount paid. Even thereafter, no action was taken up by the respondents to refund the amount paid. It was stated that otherwise also, possession of the shop was not delivered as promised. The poor consumer continued to write letters and ultimately, through letter dated 25.06.2015, a cheque dated 11.06.2015 for an amount of Rs.1.50 lacs was sent to him, which he accepted and, thereafter, to claim interest, he sent a legal notice on 19.10.2015, to the respondents. When nothing was done, he filed consumer complaint before the Forum on 07.01.2016 i.e. within a period of two years from the date of receipt of cheque, for an amount of Rs.1.50 lacs i.e. 11.06.2015.
3.        Upon notice, reply was filed by the respondents. Factual matrix of the case was not controverted. Rather, it was admitted. It was stated in the reply that shop was cancelled in the year 2015 and thereafter the amount paid by the appellant, was returned to him, through cheque, which was accepted by him, without raising any objection.
4.        Noting above fact, the Forum wrongly stated that once cheque was accepted without any protest, it would amount to acquiesce and the appellant would not be entitled to get any interest as claimed. By observing as above, the consumer complaint was dismissed, out of which this appeal has arisen.
5.        We have heard the parties, and have gone through the evidence and record of the case, very carefully and are of the considered opinion that view taken by the Forum, in dismissing the complaint was totally unjustified. It is proved on record that immediately, when additional demand was raised by the respondents, in the year 1995, the appellant objected to the same. When the respondents insisted upon their demand, he opted for refund of amount paid by him. Correspondence continued between the parties. Pressed to the wall, the poor consumer continued writing letters one after another, however, his allotment was not cancelled and it was ultimately cancelled in the year 2015 and, thereafter, a cheque in the sum of Rs.1.50 lacs was sent to him, which was accepted and encashed. Thereafter, legal notice was sent within a period of four months, claiming interest upon the amount retained by the respondents. Above facts, clearly shows that there was no acquiesce on the part of the appellant, not to claim interest aforesaid. Otherwise also, there is no justification with the respondents, not to pay interest, on the amount retained by them. Poor consumers’ money to the extent of Rs.1.50 lacs, remained deposited with the respondents, for the period of two decades and at this stage, if interest is not paid to the appellant, it would amount to grave injustice to him. It was wrongly said by the Forum that there is nothing on record to show that the amount so accepted by the appellant, was without any protest. The very fact that after receipt of amount, the appellant started demanding payment of interest, would amount to acceptance of amount paid, under protest. Otherwise also, it is settled law that whenever money has been received by a party and when it is refunded, the right to get interest follows, as a matter of course. The obligation to refund money received and retained without right implies and carries with it, the said right. It was also so said by the Hon`ble Supreme Court of India, in UOI vs. Tata Chemicals Ltd (Supreme Court), (2014) 6 SCC 335 decided on March 20th, 2014 (2014) 6 SCC 335). In view of above, the appellant is certainly entitled to get interest on the amount of Rs.1.50 lacs, referred to above, for the period, it was retained by the respondents. The Forum was wrong, in not ordering so. As such, the order impugned is set aside.  
6.        For the reasons recorded above, this appeal is partly accepted with costs. The respondents/opposite parties are jointly and severally directed as under:-

 

1. To pay interest @8% p.a., on the amount of Rs.1.50 lacs, to the appellant/complainant, whereof 26.04.1995, when the last payment was made by him.
2. To pay compensation, in the sum of Rs.10,000/- for causing mental agony and physical harassment, to the  appellant.
3. To pay cost of litigation, to the tune of Rs.10,000/-, to the  appellant.
4. The directions given at sr.nos.(i) to (iii), shall be complied with, by the respondents/ opposite parties, within a period of 45 days from the date of receipt of a certified copy of this order, failing which, the interest at sr.no.(i) shall be payable @10% p.a. instead of 8% p.a., on the amount of Rs.1.50 lacs, to the appellant/complainant, whereof 26.04.1995,  and the amounts mentioned at sr.nos.(ii) and (iii), shall carry  interest @10% p.a. from the date of filing of the  complaint before the Forum, till realization.

 

7.        Certified copies of this order, be sent to the parties, free of charge.
8.        The file be consigned to Record Room, after completion.

Pronounced.

19.07.2017

Sd/-

 [JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

 (DEV RAJ)

MEMBER

 

Sd/-

 

(PADMA PANDEY)

MEMBER

Rg.