Chandigarh

DF-I

CC/301/2022

Mrs. Punam Agrawal - Complainant(s)

Versus

Mr. Gaurav Sharma, C.E.O M/s Krishna Kanha Shelters Pvt. Ltd. - Opp.Party(s)

In Person

26 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/301/2022
Date of Institution	:	14/03/2022
Date of Decision	:	26/04/2024

 

Mrs.Punam Agrawal W/o Sh.Prem Shanker Agrawal, Senior Citizen, Age 65 years, R/o H.No.553, Vigyan Vihar, Sector 49-A, Chandigarh-160047 through her husband Sh.Prem Shanker Agrawal-authorized person.

… Complainant

V E R S U S

1. Mr.Gaurav Sharma, CEO M/s Krishna Kanha Shelters Pvt. Ltd., (A unit of Pushpanjali Constructions Pvt. Ltd.), E-48, Sector-63, Noida (UP).
2. Mr.Durgesh Pathak, Sales Manager, M/s Krishna Kanha Shelters Pvt. Ltd., (A unit of Pushpanjali Constructions Pvt. Ltd.), Pushpanjali Baikunth, Tehra Road, Vrindavan, Mathura (UP).

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Prem Shanker Agrawal, Authorized of Complainant.
	:	Sh.Umang Goyal, Advocate for OPs.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had booked Vrinda cottage No.26, 70 sq. yd with M/s Krishna Kanha Shelters Pvt. Ltd., on dated 4.6.2011 as per decided terms and conditions at basic price Rs.12,75,000/-. At the time of booking of the cottage the OPs have concealed the facts and did not tell the complainant that the booked cottage is going to be constructed on unapproved/ unauthorized land (Annexure C-5). The agreement of sale letter was singed by the parties on 20.08.2011 with the condition that the possession of the said cottage will be given by the seller to the purchaser, on or before 20.1.2012. In case of delay, the first party (seller) will pay the amount to the purchaser/complainant @5/- sq. ft. per month for the period of delay (Annexure C-6). The OPs failed to give possession on 20.1.2012 of the cottage in question as per agreement of sale letter even after so many reminders on telephone (Annexure C-7 to C-9). The cottage construction is not done as per lay out plan provided before booking of the cottage. Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their written reply and stated that the present consumer complaint is not maintainable as the same is barred by limitation under the Consumer Protection Act, 2019 and the same is liable to be dismissed on the ground only. The complainant had booked 1BHK cottage with OPs in 2011 and the same was duly delivered to the complainant on 7.4.2012 as mentioned in possession letter itself. However, the complainant is approaching this Commission after a span of 10 years for redressal of its grievances if any. It is further stated that the complainant had not paid the maintenance fee from the allotment of the said 1BHK cottage since 2012 and as such as on today the said outstanding liability is Rs.2,13,232/- on the part of complainant. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the Complainant and learned counsel for the OPs and gone through the record of the case.
6.     The main grievance of the complainant is that after booking of 1BHK cottage with OPs in 2011, same was delivered after considerable delay and that too without the facilities as committed in the terms and conditions/brochure.
7.     On perusal of the Annexure C-6, it is observed that the complainant booked cottage on 20.08.2011 for a sum of Rs.12,75,000/- and out of which EMD of Rs.5,00,000/- was paid. On perusal of Annexure C-10, it is observed that the OP had offered the possession on 7.4.2012 and the complainant has taken the vacant physical possession complete in all respects and being fully satisfied with regards to its quality on 4.7.2012.
8.     With reference to above discussion, it is observed that the complainant has approached this Commission after 10 years for redressal of her grievance, hence we are of the view that the present complaint is time barred by limitation under Consumer Protection Act, 2019 and is liable to be dismissed. Accordingly, the consumer complaint is hereby dismissed, leaving the parties to bear their own costs.
9.     Pending miscellaneous application, if any, also stands disposed of.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
26/04/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member