Haryana

StateCommission

A/77/2015

M2K INFRASTRCTURE PVT.LTD. - Complainant(s)

Versus

KAVINDER KINHA AND ANOTHER - Opp.Party(s)

JAINAINDER SAINI

09 Apr 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :       77 of 2015

Date of Institution:     21.01.2015

Date of Decision :      09.04.2015

 

M/s M2K Infrastructure Private Limited (through Manager) E-13/29, Harsha Bhawan, Cannaught Place, New Delhi-110001.

 

                                      Appellant-Opposite Party No.1

Versus

 

1.      Kavinder Kinha s/o Sh. Ranvir Singh, Resident of H.No.908/35, Janta Colony, Rohtak, Tehsil and District Rohtak.

                                      Respondent-Complainant

 

2.      Santosh Kumar, M 10/24, Ground Floor, DLF Phase-II, Gurgaon.

Respondent-Opposite Party No.2

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Jainainder Saini, Advocate for appellant.

Shri Nipun Vashist, Advocate with respondent No.1-Kavinder Kinha.

None for respondent No.2 (performa party).

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

M/s M2K Infrastructure Private Limited-Opposite Party No.1 (hereinafter referred to as ‘the builder’) is in appeal against the order dated December 1^st, 2014 passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Rewari, whereby complaint No.708/2010 filed by Kavinder Kinha-complainant (respondent No.1) was accepted. Vide impugned order, the District Forum held the builder (appellant as well as respondent No.2) deficient in service for not delivering possession of a flat for which he had paid Rs.5.00 lacs to them. The District Forum directed the builder as under:-

“……the complaint is allowed directing the opposite parties to return the entire deposits i.e. Rs.Five lac to the complainant with interest @ 18% p.a. from the date of respective deposits till payment maximum with a period two months. Complainant is also allowed compensation of Rs.40,000/- and litigation expenses of Rs.5500/- against the opposite parties.”

2.      The complainant booked a flat of three bedrooms set with the builder on November 27^th, 2006. He paid Rs.5.00 lacs to the builder by May 22^nd, 2007. The builder vide letter dated October 10^th, 2007 informed the complainant that he had been allotted a flat of two bed rooms in the proposed residential project at Dharuher. The builder also issued a letter dated August 13^th, 2007 raising demand of Rs.2,19,469/- without starting construction work of the flat though the possession was to be offered within 36 months. Alleging deficiency in service on the part of the builder, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.      The opposite parties contested complaint by filing reply whereby they denied the allegations of the complainant.

4.      Vide impugned order, the District Forum accepted complaint and issued direction to the builder as detailed in paragraph No.1 of this order.

5.      It is not disputed that the complainant paid Rs.5.00 lacs to the builder till May 22^nd, 2007. It is also established on the record that the builder failed to raise construction of the flat and to deliver possession to the complainant within the stipulated period of 36 months. Since, the builder have utilized the huge amount for commercial purpose for a long period of more than seven years, the District Forum has rightly issued direction to them to refund the amount to the complainant alongwith interest at the rate of 18% per annum besides compensation and litigation expenses. No case for interference is made out.

6.      Finding no merit in this appeal, it is dismissed.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent No.1 (complainant) against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 09.04.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL