Delhi

StateCommission

CC/852/2015

P.S. JAIN & ANR. - Complainant(s)

Versus

M/S PARSVNATH DEVELOPERS LTD. - Opp.Party(s)

13 Dec 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments : 13.12.2018

Date of Decision : 07.01.2019

COMPLAINT NO.852/2015

                                               

 

1. P.S.Jain,

S/o. Late Shri D.C. Jain,

R/o. Flat No.37, Mausam Apartment,

West Enclave, Pitampura, Delhi-110034.

 

2. Vinay Jain,

S/o. Shri P.S. Jain,

R/o. Flat No.37, Mausam Apartment,

West Enclave, Pitampura, Delhi-110034.                  …..Complainant.

 

VERSUS

 

M/s. Parsvnath Developers Ltd.,

6.  

19, Barakhamba Road,

New Delhi-110001.

Represented through its Chairman                        .....Opposite party

 

 

CORAM

 

Hon’ble Sh. O. P. Gupta, Member (Judicial)

 

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

2.      To be referred to the reporter or not?       

                                                                                                Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The case of the complainant is that complainant no.1 retired from Central Govt. Service on 31.10.06. During period 02.01.06 to 30.04.14, complainant no.2 who is son of complainant no.1 had been working as Assistant Manger (Accounts) with OP. The complainants booked a residential unit in “Parsvnath Palacia – Greater Noida” on 23.06.06 for total cost of Rs.38,24,700/- and paid Rs.11,05,236/- on different dates. Flat no.B-1-304 was allotted to them and possession was to be handed over within 24 months. OP compelled complainant no.2 to get the amount transferred to another flat in “Parsvnath Elite Floor Dharuhera”. They agreed to book alternate flat no.B-112A-S in Parsvnah Elite Floor Dharuhera on 27.11.09 for total consideration of Rs.16,70,100/-.
2. On 02.12.09 entire amount of Rs.11,05,236/- was transferred by OP in the alternative flat. Flat buyer agreement dated 23.10.12 in respect of alternate flat was entered into. The complainant have paid Rs.15,59,185/- including adjusted/ transferred amount. Copy o ledger maintained by the OP as on 30.06.15 showing payments received by them is Annexure-C.
3. The Op assured to complete the flat within 24 months with grace period of 6 months. The complainants sent communications dated 25.05.14, 28.11.14, 15.01.15 enquiring about progress of construction. Thereafter they visited the site but to their utter shock they found that no construction has been initiated. After having received 95% of the total consideration, the Ops had no intention  to build. They sent letter dated 11.03.15  seeking refund of the amount alongwith interest @24% . The complainants have filed present complaint seeking the possession of the apartment, pay compensation for delayed possession. In the alternative they have prayed for refund of the amount alongwith interest  @24% per annum. They have also sought compensation of Rs.5 lakhs for mental agony and harassment, Rs.1,25,000/- towards cost and legal expenses.
4. OP put in appearance on 07.04.16 and  received copy of complaint. It failed to file WS within statutory period, right to file WS had been closed vide order dated 12.08.16.
5. Complainant filed affidavit of complainant no.1 in evidence. Complainant also filed written arguments.
6. The WS filed by OP on 14.06.16 is on record but the same can not be read as it was beyond time. Op has filed written arguments also.
7. I have gone through the material on record and heard the arguments. Booking by the complainants, transfer of booking from one project to other project, payments all stand established by documents on record and affidavit of the complainant no.1.
8. Booking was done in 2006, now we are in 2018, construction has not yet commenced. There is no option but to direct the refund of the amount.
9. Regarding rate of interest the counsel for complainant relied upon 2 decisions of National Commission in which interest @18% was allowed. One is CC No.347/14 titled as Swaran Talwar vs. Unitech decided on 14.08.15. The other CC No.945/15 titled as Nilesh Goel vs. Unitech decided on 08.02.16.
10. Much water has flown after the dates of decision of those cases. The rate of interest is coming down day by day. In subsequent cases National Commission granted interest @8% to 10%.
11. As a result of the above discussion, the Ops are directed to  refund amount with interest @9% per annum from the date of respective payments till the date of refund.
12. Copy of the order be sent both the parties free of cost.

File be consigned to record room.

 

 

                                                                                           (O.P. GUPTA)                                                                                                                                                                                 MEMBER (JUDICIAL)