Haryana

StateCommission

A/800/2016

NITIN KAROL - Complainant(s)

Versus

GLM INFRATECH PVT.LTD. - Opp.Party(s)

VIPUL DHARMANI

26 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                    

                                                First Appeal No.           800 of 2016

                                                Date of Institution:       02.09.2016

                                                Date of Decision:         26.09.2016

 

1.      Nitin Karol son of Sh. Manohar Sood

2.      Pooja Sood w/o Nitin Karol

          Both residents of B-19, Sector 1, Phase 1, Main Road, New Shimla, Himachal Pradesh.

                             Appellants-Complainants

Versus

 

M/s GLM Infrastech Private Limited (Erstwhile M/s Bhoomi Infrastructure Company) having its Office at Bhoomi Greens, Sector 30, Panchkula, Haryana through its Managing Director Col. S.S. Deswal (Retd.).

                                      Respondents-Opposite Party

 

 

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                       

 

Present:              Mr. Vipul Dharmani, Advocate for the appellant.

 

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Nitin Karol and his wife Pooja Sood-complainants (appellants) against the order dated August 03^rd, 2016 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’).  For ready reference, operative part of the order is reproduced as under:-

“14)   For the reasons, recorded above, the complaint is accepted, with costs against opposite party and it is held liable and directed in the following manner:-

1. To refund the amount of Rs.15,67,294/- alongwith simple interest @ 9% per annum, to the complainants, from the respective dates of deposits, till realization, within a period of 30 days, from the date of receipt of a certified copy of this order.
2. To pay an amount of Rs.1,00,000/- to the complainants, as compensation for mental agony and physical harassment, within a period of 30 days from the date of receipt of a certified copy of the order.

(iii)     To pay cost of litigation, to the tune of Rs.10,000/- to the complainants within a period of 30 days from the date of receipt of a certified copy of the order.”  

 

2.      Complainants booked a flat in the project namely ‘Amazon-The Defence County’, Sector 30, Panchkula of M/s GLM Infratech Private Limited-opposite party (for short ‘builder’). The complainants paid Rs.15,67,294/- to the builder.  The builder neither gave possession of the flat nor refunded the amount despite making requests by the complainants. Hence, the complaint.

3.      The complaint was accepted by the District Forum and issued direction to the builder as mentioned in paragraph No.1 of this order.

4.      The complainants have come up in appeal on the short ground that interest awarded on the deposited amount should have been 18% per annum instead of 9% per annum and compensation amount be enhanced to Rs.5,00,000/-.

5.      The District Forum has not only awarded interest at the rate of 9% per annum but also awarded Rs.1,00,000/- as compensation and Rs.10,000/- litigation expenses to the complainants.  This being so, the complainants have been adequately compensated and as such, no case for interference in the impugned order is made out.

6.      The appeal is therefore dismissed.

  

Announced 26.09.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

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