CONSUMER DISPUTES REDRESSAL COMMISSION-VII
DISTRICT: SOUTH-WEST
GOVERNMENT OF NCT OF DELHI
FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN
SECTOR-20, DWARKA, NEW DELHI-110077
CASE NO.CC/236/15
Date of Institution:-27.05.2015
Order Reserved on:- 27.05.2024
Date of Decision:- 13.06.2024
IN THE MATTER OF:
Anil Kumar Shukla
RZ-419/3, Gali#3,
New Delhi - 46 .….. Complainant
VERSUS
- Mr.PrakashSrivastav(Dealer)
White House-101, Ground Floor,
Masoodpur, VasantKunj,
Behind G. D. Goenka Public School,
New Delhi – 110070
- Mr.PuneetAggarwal(Company Owner)
314, 3rd Floor, ILD Trade Tower,
Near SubhashChowk,Sohna Road,
Sector-47, Gurgaon, Haryana – 122002.…..Opposite Parties
Suresh Kumar Gupta, President
- Thecomplainant has filed the complaint under 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations thaton 10.03.2011 he has booked a plot measuring 194 sq. yds. At Grand Sapphire, Behror, Rajasthan from OP and paid a sum of Rs.342000/- on 21.03.2011.On 12.11.2013, he has decided to withdraw the amount by submitting the documents. On 15.02.2014, a sum of Rs.342000/- was returned without any interest whereas OP has told that they will give interest @6% p.a. on returning the principal amount. Hence, this complaint.
- The OP has filed the reply with the averments that complaint is not maintainable. The complainant has paid the amount in two installments. The complainant was provided with the regular information as per terms and conditions of the allotment policy. The OP has called the complainant and requested to complete the allotment process but complainant has avoided to do so and ultimately a letter dated 20.08.2013 was issued to the complainant regarding pending provisional allotment for Nikunj City Grand Sapphire. The complainant has not fulfilled the terms and conditions of paying 20% of the total amount. The complainant has himself sent a letter for cancellation of the registration and refund of the complete amount and amount so received was refunded as full and final settlement with the complainant without going for the cancellation charges of 20% of the total amount. The complaint is not maintainable once full and final settlement has been done.
- The partieswere directed to lead the evidence.
- The complainant has filed his own affidavit in evidence wherein he has corroborated the version of complaint and placed reliance on the documents like passbook, recording of CD.
- The complainant has not filed the recording of CD though this is reflected as an evidencein the affidavit.
- Amit Kumar Shukla is the second applicant. He has authorised by Sh. A. K. Shuklato contest the case on his behalf. The authority letter dated 18.05.2015 is placed on record.
- The OP has filed the affidavit of Sh. PuneetAgarwalin evidence wherein he has corroborated the version of written statement and placed reliance on the documentsEx.C1 to C3 i.e. copy of the terms and conditions, payment refunded as full and final settlement along with letter of cancellation.
- We have heard and perused the record.
- The booking of plot in question is not in dispute. The OP has admitted the receipt of Rs.342000/- from the complainant.
- The complainant has moved an application dated 11.11.2013 that he wanted to cancel the registration of the application with the request to refund the amount paid by him. The application is duly signed by both the applicant (including complainant).
- The application is written by the applicants to the MD, Grand Sapphire InfratechPvt. Ltd. to the effect that they agree to receive a sum of Rs.342000/- towards full and final settlement of registration no.926 i.e. a plot in question.
- The OP has given the payment of Rs.342000/- to the applicant as photocopies of the cheques are filed by the OP.
- The complainant has not disputed the receipt of said amount.
- The issue is whether complainant is entitled for the interest on the said amount.
- It was held by their lordship of Hon’ble Apex Court in Civil Appeal No.1401/2019 titled as K L Suneja and Anr. VsDr.Ms.ManjeetKaurMonga (d) through her LR, decided on 31.01.2023 that if the amount is deposited or paid to the decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it.
- In the instant case, the applicants (including the complainant) themselves have made an application for the cancellation of the registration of the plot and refund of the amount which was accordingly done by the OP. There is nothing on the record that there was any pressure from the OP or OP has allured the complainant/applicants to go for the refund. The amount so deposited was taken as a full and final payment by the complainant/applicants without any protest. The complainant/applicants have voluntarily gone for the settlement so they cannot later on claim ‘interest’ on the amount received by them.
- There is no deficiency of service on the part of the OP as complainant is not entitled for the interest once full and final settlement has taken.
- In view of above discussion, the complainant has failed to substantiate the allegations as set out in the complaint and accordingly the complaint is dismissed.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 13.06.2024.
