Haryana

StateCommission

A/701/2018

PRAMOD KUMAR AND OTHERS - Complainant(s)

Versus

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

PAVINDER SINGH BEDI

15 Jul 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA, PANCHKULA

 

First Appeal No.701 of 2018

                   Date of Institution:29.05.2018

          Date of Decision:15.07.2024

 

1.      Pramod Kumar Katiyar S/o Sh.Baldev Prasad, R/o H.No.1376, Sector-9, Urban Estate, Karnal.

2.      Sh.Ashutosh S/o Sh.R.S.Ludri, R/o. House No.1248, Sector-9, Urban Estate, Karnal.

…Appellants

Versus

 

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

2.      M/s Dreamweaver Realtors Pvt. Ltd., Registered office 201, Arunachal Building, 19, Barakhamba Road, New Delhi-110001 through its authorized signatory.

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

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

…Respondents

 

CORAM:   Hon’ble Mr. Justice T.P.S Mann, President.

                    Mr.S.P.Sood, Judicial Member

                   Mrs. Manjula, Member.

 

Present:-    Shri  P.S.Bedi, counsel for the appellants.

                   None for the respondents.

 

O R D E R

T.P.S. MANN J.

 

          Delay of 173 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.      This complainants’ appeal is directed against the order dated 30.10.2017  passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Commission’), whereby the opposite parties were directed  to refund the deposited amount along with interest at the rate of 9% per annum from the date of filing of the present complaint, that is,  May 01^st , 2017 till realization.

3.      The complainants booked a flat with the opposite parties. They paid  Rs.4,00,812/- to the opposite parties. The opposite parties did not allot any flat to the complainants.  The complainants requested the opposite parties to refund the deposited amount but they did not pay any heed.

4.      The only plea raised by learned counsel for the complainants-appellants is that the amount deposited by the complainants be refunded alongwith interest @ 9% per annum 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 opposite parties are directed to refund the deposited amount along with 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.

6.  

7.      A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for  perusal of the parties.

8.      File be consigned to record room.

 

 

15th   July, 2024                 Manjula                  S.P.Sood                    T.P. S. Mann

                                                Member             Judicial Member            President

 

S.K

(Pvt. Secy.)