DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA

  

              Complaint No. CC/17/214  of 02/06/2017  

        Decided on    30/08/2018

 

1. Rishav Rana  son of Jiwan Singh,

 

2. Manvinderpal Singh son of Pritpal Singh,

Both residents of village Mubarkpur, Tehsil Dera Bassi, District S.A.S. Nagar (Mohali), Punjab.

    ….Complainants.                                                

    Versus

 

M/s Parsavnath Developers Limited, Registered Office  at 6th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi-110001 through its Managing Director.

                                   ….Opposite party. 

 

     Complaint under Sections 11 to 14 of the 

     Consumer Protection Act.  

 

     QUORUM

     Smt. Neelam Gupta, Member  

     Sh. Kawaljeet Singh, Member

 

Present:       

For Complainants : Sh. Gaurav Gupta Adv.

For Opposite party no. : Ex-parte.

                                                          

 

 

 

ORDER 

SH. KAWALJEET SINGH, MEMBER:

1. Complainant Rishav Rana and others have filed this complaint under section 12 of the Consumer Protection Act, 1986 ( hereinafter referred to as the Act)  against the opposite party (hereinafter referred to as the OP).

2. In brief the case of the complainants are that on 01/02/2008, the OP  has entered into an agreement  for purchase of one Flat No.T4-204, 2nd Floor in Tower T4 having an approximately 1050 Sq. Feed (equivalent to 97.547 Square Meters) area consisting of 2 Bedrooms, Drawing/ Dining, Kitchen, 2 Toilets in the complex named as “Parsvnath Castle” for a total sale consideration of Rs.12,49,000/- calculated @ Rs.1189.524 per square Feet (equivalent to Rs.12804.084 per square feet) and deposited a sum of  Rs.5,23,900/- time to time by various installments as per Flat Buyers Agreement. It has been mentioned in the agreement that  Parsvnath Developers Limited shall complete the construction within a period of 36 months extendable by 6 months from the date of commencement of construction on receipt of sanction of building plans/ revised building plans and approval of all concerned authorities as mentioned in Para No.10A of Flat Buyers Agreement. But Ops have failed to complete the construction. Complainant has made many representations to the OP from time to time   but   no   reply was given by the OP.  It is mentioned in  para

 

 

 No.10 ( C) of the Flat Buyers Agreement that : “In case of delay in construction of the Flat beyond the period as stipulated subject to force majeure and other circumstances as aforesaid under sub-clause (a)  above, the developer shall pay to the Buyer compensation @ Rs.53.80 (Rupees Fifty Three and Eighty paisa only ) per square Meter or Rs.5/- per square feet of the super area of the Flat per month for the period of delay” 

3. That  non-delivery of possession of flat in question within a stipulated time  i.e. 01/02/2011 amounts to deficiency in service as per Consumer Protection act, thus  complainants are entitled to refund of the entire payment of Rs.5,23,900 along with 18% interest per annum from the date of first Installment. Even after the lapse of more than 6 years after the said date i.e.01/02/2011,  possession of the flat has still not been handed over to the complainants.  Complainants have prayed  that the present complaint may kindly be allowed and the Opposite party may kindly be directed to pay a sum of Rs.6,50,000/- as compensation towards the mental harassment and escalation cost of the Similar property in addition to the refund of the entire payment of Rs.5,23,900/-  already made by the complainant along with interest rate of 18% per annum from the date of first installment and Rs.50,000/- towards the litigation cost.

4. On being put to notice,  Opposite party, despite service failed to come present and was accordingly proceeded against exparte.

 

5. Complainant have tendered in evidence Ex.CA  affidavit of Rishav Rana complainant and Ex.CB affidavit of  Manvinderpal Singh complainant alongwith documents Exs.C1 copy of Flat Buyer Agreement, Ex.C-2 copy of entries made in the customer ledger and Ld. counsel for the complainant closed the evidence.

6. We have heard the ex-parte arguments of ld. counsel for the complainants and have also gone through the record of the case, carefully with the valuable assistance of the Ld. counsel for the complainant. It is not only duty of the Forum to provide justice to the consumer, Justice must be seems to be. Learned counsel for the complainant argued that non delivery of possession of flat in question within a stipulated time i.e. 1/2/2011 amounts to deficiency in service. However OP violated the terms of Para No.10 (C )  of the agreement Ex.C-1 above said clause is reproduced as under:-

“In case of delay in construction of the Flat beyond the period as stipulated subject to force majeure and other circumstances as aforesaid under sub-clause (a)  above, the developer shall pay to the Buyer compensation @ Rs.53.80 (Rupees Fifty Three and Eighty paisa only ) per square Meter or Rs.5/- per square feet of the super area of the Flat per month for the period of delay” 

7.       In the citation Bhupinder Singh versus  M/s Unitech Limited,

 

2016 (3) CLT 343 : 2016 (3) C. P. J. 572 Hon'ble National Consumer Disputes Redressal Commission, New Delhi, it is observed as under:

“Consumer Protection Act, 1986 Sections 2 (1) (O) Housing Construction- Allotment of apartment- Delay in possession- Refund of amount- Opposite party utilising the amount of the complainant for other projects- Opposite parties are directed to return the entire amount received by it along with interest at the rate of 18% simple interest from the dates till its realisation- Rs.50000/- awarded as compensation.”   

8. Resultantly, we partly allow the complainant and direct  the OP to refund the principal amount of Rs.5,23,900/- along with interest @ 9% from the date of deposit till the realization of the amount  along with  a sum of Rs.10,000/- as litigation cost. Compliance of this order will be made within 30 days from the receipt of the copy of the order.  

Announced 

Dated: 30/08/2018.        

            Kanwaljeet Singh             Neelam Gupta

                               Member             Member