Haryana

StateCommission

CC/54/2017

JAI SINGH - Complainant(s)

Versus

HARYANA STATE MARKETING BOARD - Opp.Party(s)

V.P.SANGWAN

10 Mar 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Institution:02.02.2017

                Date of final hearing:10.03.2023

                                                Date of pronouncement:24.03.2023

 

Consumer Complaint No.54 of 2017

 

IN THE MATTER OF

 

Jai Singh, aged 69 years son of Late Shri Umed Singh, resident of House No.1789, Sector-23B, Chandigarh.

                                                                                      .….Complainant

Through counsel Mr. V.P. Sangwan, Advocate

Versus

 

1.      Haryana State Agriculture Marketing Board, Sector-6,     Panchkula through Chief, Administrator.

2.      The Chief, Administrator, Haryana State Agriculture Marketing          Board, Sector-6, Panchkula.

3.      The Secretary-cum-Executive Officer, Market Committee,        Sector-20, Panchkula.  

….Opposite parties

Through Mr. Pankaj, proxy counsel for Mr. B.S. Negi, Advocate

 

 

CORAM:   Mrs. Manjula, Member.

 

Present:-    Shri V.P. Sangwan, Advocate for the complainant.

                   Shri Pankaj, proxy counsel for Shri B.S. Negi, counsel for the opposite parties.

 

O R D E R

Manjula, Member:

 

                    The brief facts giving rise for disposal of present complaint are that the complainant booked a shop/office in the project of opposite party No.1. The complainant was allotted shop/office space No.81 in Agro Mall, NVM, Sector-20, Panchkula measuring 211.83 sq/feet for total cost of Rs.34,99,432/- vide allotment letter dated 29.07.2009 and was also assured that the Mall will be constructed within two years of allotment. It is further submitted that the complainant had deposited a sum of   Rs.8,75,400/- i.e. 25% of the total cost of the shop. Remaining amount of the shop i.e. Rs.26,24,032/- was to be deposited either without interest within 60 days from the of issuance of allotment letter or in six half yearly installments with interest at the rate of 15% or at such rate of interest as may be specified by the Board from time to time. The complainant had deposited four installments within the given time. It is further submitted that the installments payment schedule was till 15.05.2012, which was last date / period of possession but due to lapses and defaults of the OPs, Agro Mall was not constructed within the given time. As such, it was decided by the Ops that interest @9% p.a. shall be given on the deposited amount to the allottees due to delay in completing the construction. On 15.03.2013, complainant was informed by Ops about new payment schedule and the first installment was payable on 15.11.2011 whereas the complainant had already paid the same two years back.  It is further submitted that area of shop was reduced from 211.83 qy/ft. to 194.28 sq/ft. and price had been reduced from Rs.34,99,432/- to Rs.32,09,555/-. The OPs had offered the possession of the shop to the complainant vide letter dated 10.10.2016. It is also submitted that OPs had paid interest @8% on the installments deposited by the complainant and credited an amount of Rs.2,79,824/- with the condition that this amount will be adjusted in the installments of the shop whereas the OPs should have paid interest on the entire amount deposited by the complainant. It is alleged that the OPs had intentionally excluded 25% amount from interest which was initially deposited by the complainant and only paid interest on remaining installments. Thus, there was deficiency in service on the part of the OPs. The complainant prayed that OPs be directed to pay interest on the deposited amount with addition to it 4% penal interest, claiming a total amount of Rs.17,00,000/- with appropriate compensation for causing mental and physical harassment.

2.                Notice of the complaint was issued against the OPs. The Ops appeared and filed written version. It is admitted by the OPs that the complainant was allotted shop/office space No.81 in Agro Mall, NVM, Sector-20, Panchkula measuring 211.83 sq/feet for a total cost of Rs.34,99,432/- vide allotment letter dated 29.07.2009. It is further submitted that the complainant had deposited Rs.8,75,400/- i.e. 25% of the total cost of the shop.  It is also admitted that the complainant had deposited four installments within given time. It is denied that the Agro Mall was not constructed within assured time. It is denied that the area of shop was reduced to 194.28 sq. ft. It is admitted that the possession of the shop was handed over to the complainant on 10.10.2016. It is also admitted that Ops had paid interest @8% on the installments deposited by the complainant and credited an amount of Rs.2,79,824/- with condition that this amount will be adjusted in the installments of shop. It is further admitted that the Ops had intentionally excluded 25% amount from interest, which was initially deposited by the complainant and only paid interest on remaining installments. Rest of the averments made in the complaint were denied and prayed for dismissal of the  complaint with costs.

3.                When the complaint was posted for recording evidence of the complainant, statement of complainant recorded as CW1 and in support of his statement, he tendered into evidence his affidavit as Ex.CW1/A, vide which he has reiterated all the averments taken in the complaint and further tendered the documents Ex.C-1 to Ex.C-13 and closed the evidence. On the other hand, Shri Vishal Garg, Secretary-cum Executive Officer of the OPs has produced his affidavit as Ex.OPW1/A in his evidence on behalf of the opposite parties and thereafter, closed the evidence.

4.                The arguments have been advanced by Mr. V.P. Sangwan, learned counsel for the complainant and by Mr. Pankaj, proxy counsel for Mr. B.S. Negi, counsel for the opposite parties. With their kind assistance entire record including documentary evidence as well as whatever the evidence has been led during the proceedings of the complaint has also been properly perused and examined.

5.                As per the basic averment taken in the complaint including the contentions raised by the learned counsel for the complainant, the foremost question which requires adjudication by this Commission is as to whether the present complainant is entitled to get interest on 25% amount which he had initially deposited with the OPs at the time of booking the shop? 

6.                In view of the above submission and after careful perusal of the entire record, it is established that complainant was allotted shop/office space No.81 in Agro Mall, NVM, Sector-20, Panchkula measuring 211.83 sq/feet for total cost of Rs.34,99,432/- vide allotment letter dated 29.07.2009. It is admitted that the Mall was to be constructed within two years from the date of allotment. It is also admitted that the Ops had offered the possession of the shop to the complainant vide letter dated 10.10.2016. It is also admitted that Ops had paid interest @8% on the installments deposited by the complainant and had credited an amount of Rs.2,79,824/- with the condition that this amount will be adjusted in the installments of shops. It is also admitted that the OPs had excluded 25% amount from interest, which was initially deposited by the complainant and only paid interest on the remaining installments. Since the Ops had delivered the possession of the shop to the complainant after the lapse of stipulated time and only paid interest on 75% of the deposited amount for the delayed period and not paid interest on initially deposited 25% amount, this Commission is of the considered opinion that there is deficiency in service on the part of  the opposite party and thus, complainant is well within his legal rights to get interest on his initially deposited amount i.e.25% which was not paid by the OPs to him.

7.                In the light of the above observation and discussion, there are sufficient grounds to accept the complaint and while accepting the complaint, the Ops are directed to pay interest @9% p.a. on the initially deposited 25% amount i.e. Rs.8,75,400/- from the date of its deposits till the date of offer of possession. It is also made clear that for non-compliance, the provisions enshrined under section 72 of the C.P. Act would also be attracted. 

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

10.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on:24^th March, 2023

 

 

                                                                                                                                   

 

 

 Manjula

(Member)     

           

 

 

M.S.