Haryana

StateCommission

CC/362/2019

RAJESH KUMAR THAKUR - Complainant(s)

Versus

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

SAVINDER SINGH GILL

22 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Instituion:13.11.2019

                Date of final hearing:22.12.2022

                                                Date of pronouncement: 24.01.2023

 

Consumer Complaint No.362 of 2019

 

IN THE MATTER OF

 

Rajesh Kumar Thakur s/o Sh. Shri Jagdish Chander, R/o Currently residing at Flat No.1009, AB Plaza 5, Al Nanda 2, Dubai, UAE through his General Power of Attorney holder Shri Rajesh Madan C/o House No.289, Sector-7A, Chandigarh-160019.

                                                                                      .….Complainant

Through counsel Mr. Savinder Singh Gill, Advocate

Versus

 

1.    Parsvnath Developers Limited, Parsvnath Royale, behind Society No.105, Sector-20, Panchkula, Haryana through its Whole time Director/Managing/Director/Authorized Signatory.

2.    Parsvnath Developers Limited, Parsvnath Tower, Near Shahadara Metro Station, Shahadara, New Delhi-110032 through its Whole time Director/ Managing Director/Director/Authorized Signatory.

….Opposite parties

Through counsel Mr. Satpal Dhamija, Advocate

 

CORAM:   S.P.Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Savinder Singh Gill, Advocate for the complainant.

Mr. Satpal Dhamija, counsel for opposite parties.

 

O R D E R

S.P. SOOD, JUDICIAL MEMBER:

 

                    Facts in brief giving rise for the disposal of the present complaint are that the complainant wanted to own a residential apartment for his family and personal use, so he booked an apartment on 09.05.2008 with the opposite parties (OPs) in their project under the name and style of “Parsvnath Elite Villas” Parsvnath City, situated at Dharuhera, Haryana. Ops allotted Villa No.B-176, Block-B measuring 2250 sq. ft. to the complainant. Total sale price of the abovementioned villa was Rs.52,43,000/-. Villa Buyer Agreement was also executed between the complainant and OPs on 21.06.2008. The complainant had paid total amount of Rs.26,94,326.08P to the OPs on different dates as per the table mentioned below:-

Sr.No.	Date	Amount
1	09.05.2018	Rs.5,35,000/-
2	04.06.2008	Rs.7,75,750/-
3	05.07.2008	Rs.5,49,300/-
4	28.10.2011	Rs.8,34,276.09P
	Total	Rs.26,94,326.08P

 

Complainant had opted for construction linked plan. As agreed, the construction was to be completed within a period of two years from the date of commencement of construction and the construction was supposed to start on 09.07.2008. Continuing further, it was also alleged that OPs utterly failed to complete even construction work of the said flat what to talk of delivering the possession of villa in question. Despite, complainant having had several communications with the Ops after the stipulated date of delivery of possession, they (Ops) did not consider his genuine request. Thus, there was gross deficiency in service on the part of the OPs. The complainant prayed that the OPs be directed to refund of Rs.26,94,326.08P, which was deposited by complainant alongwith interest @ 14% p.a. from the date of deposits, to pay Rs.3,00,000/- as compensation for mental agony and harassment and Rs.50,000/- as compensation on account of litigation expenses.

2.                Notice of the complaint was issued against the OPs, who of course appeared before this Commission, but failed to file their written version despite availing several opportunities, including last one and hence finally its defence was struck off vide order dated 12^th July, 2022.

3.                When the complaint was posted for recording evidence of the complainant, learned counsel for complainant has tendered into evidence affidavit of Mr. Rajesh Madan s/o Sh. Shri K.C. Madan as Ex.CA, vide which he has reiterated all the averments taken in the complaint alongwith documents Ex.C-1 to Ex.C-7 and closed the same on behalf of complainant.

4.                The arguments were advanced by Mr. Savinder Singh Gill, learned counsel for the complainant. However, entire evidence of complainant and his arguments remained unrebutted as the defence of Ops was struck off after Ops failed to submit written version in the stipulated period so the entire record including documentary evidence as well as whatever other material has been led during the proceedings of the complaint had also been properly perused and examined.

5.                As per the basic averment taken in the complaint including the contentions raised by the learned counsel for the complainant, the foremost question which fell for adjudication by this Commission is as to whether the present complainant is entitled to get refund of the amount which he had already deposited with the OPs, alongwith the interest or not? 

6.                Facts put forth in the body of complaint which were reiterated by way of sworn affidavit and has also remained unchallenged proves that the complainant had booked a villa in the project of Ops through application form dated 09.05.2008 (Annexure C-1) and they had allotted a villa No.B-176, Block-B, measuring 2250 sq. ft. to him through allotment letter. Total cost of the said villa was agreed to be Rs.52,43,000/- and out of which an amount of Rs.26,94,326.08P to the Ops (Copy of receipts Annexure C-3 (colly) by complainant on various dates. It is also undisputed that the Villa Buyer Agreement was executed between the complainant and Ops on 21.06.2008 (Annexure C-4), according to which possession of said villa was to be handed over within a period of two years from the date of commencement of construction work i.e.09.07.2008 (Annexure C-5). It is also not disputed that construction work was not completed in the said project and Ops failed to deliver the possession of the villa in question despite complainant waiting for several years. Complainant also had several correspondences with the Ops (Annexure C-6 (colly), but still they didn’t pay any heed. Since, the Ops did not complete the construction work till date what to talk about delivery of possession within the stipulated period, therefore, the complainant was justified in seeking refund of his deposited amount. In view of the above, it is held that the Ops are liable to refund the amount deposited by the complainant alongwith interest and compensation. Since there is no contest from the Ops, as such, the question is answered in the affirmative.

7.                In the light of the above observation and discussion, there are sufficient grounds to accept the complaint and while accepting the complaint, the Ops are directed to refund of the amount of Rs.26,94,326.08P (Rs. Twenty six lacs ninety four thousands three hundred twenty six and eight paisa only) to the complainant alongwith interest @ 6%  per annum from  the date of respective deposits till realization.  In case, there will be any breach in making payment within the stipulated period of 45 days, in that eventuality, the complainant would further be entitled to get the interest @ 9% per annum, for the defaulting period. The complainant is also entitled of Rs.21,000/- (Twenty one thousand Only) for compensation of mental and physical agony.  In addition, the complainant is also entitled of Rs.10,000/- (Ten thousand Only) as litigation charges. It is also made clear that for non-compliance, the provisions enshrined under section 72 of the C.P.Act would also be attractable.

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

10.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on 24^th January, 2023

 

                                                                                                            S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench            

 

 

 

S.C Kaushik,

Member        

Addl. Bench

R.K