Haryana

StateCommission

CC/17/2016

ANIL KUMAR LAL - Complainant(s)

Versus

LANDMARK APARTMENTS PVT.LTD. - Opp.Party(s)

D.K.JANGRA

26 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Complaint No      :    17 of 2016

Date of Institution:   28.01.2016

Date of Decision :    26.09.2016

 

1.     Anil Kumar Lal (Retd. Major General) son of Shri Brij Mohan Lal, Resident of House No.1042, Joy Apartments, Sector-2, Dwarka, New Delhi-110075 at present Flat No.1/701, Jaypee CGHS Plot No.2, Sector-22, Dwarka, New Delhi-110077.

2.     Smt. Shikha Lal d/o Sh. Major Gen. Anil Kumar Anil Kumar Lal (Retd. Major General) son of Shri Brij Mohan Lal, Resident of House No.1042, Joy Apartments, Sector-2, Dwarka, New Delhi-110075 at present Flat No.1/701, Jaypee CGHS Plot No.2, Sector-22, Dwarka, New Delhi-110077.

                                      Complainants

Versus

 

Landmark Apartments Private Limited/Landmark Group, Landmark House-85, Sector-44, Institutional Area, Gurgaon, Haryana

And # 4, Vipul Square, Sushant Lok-I, Gurgaon, Haryana.

Through its Managing Director.

 

2^nd Address: (Registered Office):

 

Landmark Apartments Private Limited, A-8, C R Park, New Delhi-110044, Through its Managing Director.

                                      Opposite Party

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:              Shri D.K. Jangra, Advocate for Complainant with complainant Sh. Anil Kumar Lal.

                             Shri S.S. Mor, Advocate for Opposite Party.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

                    Anil Kumar Lal and Smt. Shikha Lal-complainants, filed complaint under Section 17 of the Consumer Protection Act, 1986, submitting that they booked 3 BHK residential unit with Landmark Apartments Private Limited-Opposite Party (hereinafter referred to as ‘the builder’) on December 16^th, 2010. They were to pay the price of the apartment as per Schedule of Payments (Exhibit C-2).  The possession was to be offered within a period of 36 months from the date of booking of the unit.  They paid Rs.31,82,355/- to the builder but neither the builder allotted unit to the complainant nor any construction was raised.  The complainants sought refund of the amount deposited by them but the builder refused. Hence the instant complaint.

2.                The opposite party-builder contested the complaint by filing written version. It was admitted that the complainants had booked a unit with the builder. The complainants paid Rs.31,82,355/-, that is, 45% of the total Basic Sale Price and thereafter stopped instalments. The complainants did not come forward to sign Builder Buyer Agreement. However, as a goodwill gesture, the builder did not cancel the booking of the complainants. The complainants were provisionally allotted a 3 BHK residential unit in the Landmark-The Residency at Sector 103, Gurgaon. Denying the averments of the complainants, it was prayed that the complaint be dismissed.

3.                The parties led evidence in support of their respective claims. The complainant Major General Anil Kumar Lal (Retd.) has appeared as CW-1. Affidavit of CW-1 and documents Exhibits C-1 to C-26 were also tendered.

4.                The opposite party-builder tendered affidavit of Rajesh Grewal, authorised representative of the opposite party and tendered documents.

5.                Indisputably, the complainant had booked 3 BHK residential unit with the builder-opposite party. They were required to pay the price of the unit as per Schedule of Payments (Exhibit C-2). It is also not in dispute that the possession of the unit was to be handed over to the complainants within 36 months from the date of booking of unit, that is, on or before December 16^th, 2013 but the possession was not delivered despite the fact that the complainants paid the amount of Rs.31,82,355/- to the builder. Since, the builder did not complete the construction within the stipulated time, therefore, the complainants were justified in seeking refund of their amount.  In view of the above, it is held that the builder is liable to refund the amount deposited by the complainants, alongwith interest and compensation.

6.                Hence, the complaint is allowed. The builder-opposite party is directed to refund the amount deposited, to the complainants alongwith interest at the rate of 12% per annum from the date of its respective deposits till the date of realization; Rs.25,000/- as compensation for rendering deficient services and Rs.10,000/- as litigation expenses. The entire amount be paid to the complainants within a period of 45 days, from the date of receipt of this order, otherwise, it will carry interest at the rate of 15% per annum, till realization and it calls for pointed notice that under Section 27 of the Act, if the builder fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with both.              

 

Announced 26.09.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL