Haryana

StateCommission

A/1558/2017

DR. DHRUBA MALAKAR AND OTHERS - Complainant(s)

Versus

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

PAVINDER BEDI

25 May 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

First Appeal No  :      1558 of 2017

Date of Institution:      18.12.2017

Date of Decision :       25.05.2018

 

1.      Dr. Dhruba Malakar son of late H.N. Malakar, resident of House No.A, BTC, NDRI Campus, Karnal-132001.

 

2.      Smt. Sanchita Malakar wife of Dr. Dhruba Malakar, resident of House No.A, BTC, NDRI Campus, Karnal-132001.

                                      Appellants-Complainants

Versus

 

1.      M/s Parsvnath Developers Limited, Registered Office, 6^th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi-110001 through its authorized signatory.

 

2.      M/s Dreamweaver Realtors Private Limited, Registered Office, 201, Arunachal Building 19, Barakhamba Road, New Delhi-110001 through its authorized signatory.

 

3.      M/s Jaguar Buildwell Private Limited, Registered Office, 201, Arunachal Building 19, Barakhamba Road, New Delhi-110001 through its authorized signatory.

 

4.      M/s Evergreen Realtors Private Limited, Registered Office, 201, Arunachal Building 19, Barakhamba Road, New Delhi-110001 through its authorized signatory.

                                      Respondents-Opposite Parties

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                                                                                                                  

Argued by:          Shri Sikander Bakshi, Advocate on behalf of Shri P.S. Bedi, Advocate for appellants.

                             Shri Satpal Dhamija, Advocate for respondent No.1.

                             None for the respondents No.2 to 4

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This complainants’ appeal is directed against the order dated October 30^th, 2017 passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Forum’), whereby respondents were directed to refund the deposited amount alongwith interest at the rate of 9% per annum from the date of filing of the complaint, that is, May 01^st, 2017 till realization.

2.      Notice to the respondents No.2 to 4 were sent through registered post.      

3.      The complainants booked a flat with the respondents.  They paid Rs.3,45,750/- to the respondents. The respondents did not allot any flat to the complainants.  They requested the respondents to refund the deposited amount but they did not pay any heed.

4.      The only plea raised by learned counsel for the complainants is that the amount deposited by the complainants be refunded from the date of its respective deposits and not from the date of filing of complaint.

5.      Submission being convincing, this Commission feels that the impugned order needs to be modified.  Hence, the respondents are directed to refund the deposited amount alongwith interest at the rate of 9% per annum from the date of its respective deposits till its realization. The impugned order is modified in the manner indicated above and the appeal stands disposed of accordingly.

 

 

Announced 25.05.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK