District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.82/2021.

 Date of Institution: 11.02.2021.

Date of Order: 28.03.2024.

1.                G.K.Budhiraja Advocate S/o late Shri Atam Prakash Budhiraja, r/o H. NO. 999, Sector-7/C, Faridabad, Haryana.

2.                Disha Sethi, W/o Shri Kunal Sethi, R/o H.No. 999, Sector-7/C, Faridabad, Haryana.

                                                                   …….Complainants……..

                                                Versus

Ms. Advance India Projects Ltd. (AIPL)_, The Master piece, Golf Course Road, sector-54, Gurugram, Haryana, through its Director.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President.

Indira Bhadana………Member

PRESENT:                   Sh. G.K.Budhiraja in person.

                             Sh.  Ashish Kumar Singh, Manager CRM alongwith Sonam Sharma Advocate for opposite party.

ORDER:  

                   The case was fixed for arguments. Instead of arguing the case, the complainant has filed an application for tendering of documents,  Reply to application for tendering of documents have been filed.   As per the order dated 11.01.2024 passed by the District Consumer Disputes Redressal Commission stating that the complainant has also filed an application for calling CRM head (Ashish Kumar) of the opposite party . Keeping in view of the contents mentioned in the application, applications stands allowed. To come upon  for issuing notice to CRM Head (Ashish Kumar).

2.                Shri Ashish Kumar Singh, Manager CRM on behalf of opposite party  appeared and suffered a statement that “as per our statement of account a sum of Rs.9,66,266.70 plus possession charges of Rs.1,17,851/- plus registration and stamp duty charges of Rs.2,24,503/- are due and payable by the allottees in respect of the allotment in question, alongwith a total outstanding interest amount of Rs.4,62,758/- for all the delayed payment from 2.5.2021 @ of 10.75%. Account statement vide Annx. X also filed by Shri Ashish Kumar Singh, Manager CRM on behalf of the opposite party alongwith the statement.

3.                On the other hand, Shri G.K.Budhiraja appeared in person and suffered a statement that “I am ready and willing to pay Rs.11,00,000/- in all towards my balance  amount payable regarding this unit No. F.L.18 “AIPL Joy Central” in Sector-65, Gurugram which includes all the charges except registration charge of conveyance deed.”

4.                 As per the statement of the Complaiannt- G.K.Budhiraja, he is ready to pay Rs.11,00,000/- because the balance amount was Rs.9,66,266.70.” The cheque was dishonoured.”  The matter was settled between the complainant and the opposite party and the cheque was dishonoured  in Feb. 2022..  At the time of settlement, the outstanding amount was Rs.9,66,266.70 as per Annx. X. Now the opposite party charges  interest  @ 10.75% from 02.05.2021  i.e offer of possession on the delayed payment. But once  opposite party has settled the amount with the complainant and taken the cheque.  Opposite party cannot claim more than settled amount. They have already entered into an agreement and settled the amount only merely because of dishonoured of cheque.  Opposite party can’t claim the delayed interest for two years @ 10.75%.

5.                As per Annx. X given by Shri Ashish Kumar Singh, Manager CRM on behalf of the opposite party on 25^th March 2022, the outstanding amount is Rs. 967831/- and as per the statement of Shri G.K.Budhiraja – complainant, he is ready to pay Rs.11,00,000/- .  In the interest of Justice,  the complaint is disposed off  with the direction to the complainant to pay Rs.9,67,831/-  alongwith interest @ 6% p.a. from 25^th March 2022 to 25^th March 2024 i.e.from the date of bounching the cheque i.e almost Rs.11,00,000/ (Rs. Eleven lacs only)  plus registration charges + electricity charges + stamp duty as stated in the statement of Shri Ashishj Kumar Singh, Manager CRM of opposite party in one short and further  the opposite party will give the possession to the complainant within 30 days after receiving the balance amount form the complainant.  There are no order as to costs because the complainant himself is an Advocate.  Compliance of the order be made within 30 days from the date of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:28.03.2024.                                  (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                                                              (Indira Bhadana)

     Member

          District Consumer Disputes

                                                                                  Redressal Commission, Faridabad.