BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, REWARI.
Consumer Complaint No: 406 of2013.
Date of Institution: 08.11.2013.
Date of Decision: 03.03.2015.
Ram Kanwar Kaushik son of Shri Chiranji lal resident of village Hayatpur PS Garhi Harsaru Tehsil and Distt. Gurgaon.
…….Complainant.
Versus
- M/s Parsvanath Developers Ltd. 6th Floor, Arunachal 19, Barakhamba Road, New Delhi, 110 001 through its Managing Director,
- M/s Parsvanath Developers Ltd. NH-8, Near PS Dharuhera, Dharuhera Tehsil and Distt. Rewari through its authorized signatory.
…...Opposite Parties.
Complaint Under Section 12 of Consumer Protection Act
Before: Shri Raj Kumar ………. …..………..PRESIDENT
Shri Kapil Dev Sharma…………………MEMBER
Present : Shri Shri Kuber Singh, Advocate for the complainant.
Shri Shri Satbir Singh, Advocate for opposite parties.
ORDER
Per Raj Kumar President
Factual matrix comprising the case of the complainant, shorn of details, is that the complainant who had booked a flat, was allotted a flat no. T-6-402 by the opposite parties and also deposited a total sum of Rs.8,34,750/- on various dates upto 18.12.2007 but neither the possession has been offered nor the amount was refunded in spite of repeated requests; hence this complaint seeking refund of the amount with interest @ 24% p.a.
2) In reply, it is averred that the basic cost of the flat was Rs. 33,39,000/- and the complainant had paid only Rs. 8,34,750/- and the balance amount of Rs. 25,04,250/- is still due on the part of the complainant. It is alleged that in terms of Clause 10 (a) of the Flat Buyer Agreement, the construction of the flat was to be completed within 36 months from the date of commencement of construction on the individual plot on which the flat is located with a grace period of six months subject to completing all the requisite approvals and subject to force majeure which are beyond their control . Denying all other contents, dismissal of complaint has been prayed for.
3) We have heard both the counsel for the parties and gone through the record of the case available on the file thoroughly.
4) It is not disputed that on 11.4.2006 the complainant booked a flat to be constructed by the opposite parties at Dharuhera and paid Rs. 8,34,750/- towards the basic price. The total basic cost of the flat was Rs.33,39,000/- . The remaining amount was yet to be paid in installments. As per the agreement, the alleged flat bearing no.T6-402 was to be handed over within 36 months along with a grace period of further six months. However the contention of complainant is that so far neither the tower is in existence nor any construction has yet begun. The opposite parties, however, tried to save its skin behind the terms of agreement by alleging that the construction could not be started because of factors and circumstances which were beyond their control. They have also taken the stand that it is clear from clause 10-A of the agreement that time is not the essence of contract and in case of delay , period of construction shall be deemed to be correspondingly extended. Counsel for the opposite parties, however, could not give any cogent reason for not even constructing the tower in question so as to allot the alleged flat. Neither there is any likelihood of starting the construction and handing over the flat in near future. The complainant cannot be left to live in misery and wait indefinitely , at the mercy of the builder. However, no agreement has been placed on the file. But Clause ( c) of the application Ex. RW-1/2 provides that in case apartment is allotted after a period of six months, simple interest @ 9% p.a. shall be paid for the delayed period. Thus, it is clear that the builder has lured the innocent consumer by launching tempting scheme with high sounding promises but without meaning anything. The specific plea taken by the builder that time is not the essence of contract shows his intention not to construct the tower indefinitely to his convenience or otherwise forfeit the deposited amount in a harsh manner as per their own agreement. Thus, the conduct of the opposite parties shows grave deficiency on their part.
5) Resultantly, the complaint is allowed directing the opposite parties to refund the deposited amount of Rs. 8,34,750/- to the complainant with interest @ 9% p.a. from the date of respective deposits till realization. The complainant is also awarded compensation to the tune of Rs. 30,000/- besides litigation expenses which are quantified at Rs 5500/- against the opposite parties. Let the compliance of this order be made within two months from the date of receipt of the copy of this order failing which the entire above awarded amount shall fetch penal interest @ 12% p.a. after the expiry of said period of two months till payment.
Announced
03.03.2015. President,
Distt. Consumer Disputes
Redressal Forum, Rewari.
Member,
DCDRF,Rewari.
