Chandigarh

StateCommission

FA/640/2009

Bhim Sain - Complainant(s)

Versus

M/s Sahara India Pariwar Housing Unit - Opp.Party(s)

Mr. Rajinder Singh Raj

04 Dec 2009

ORDER


The State Consumer Disputes Redressal CommissionUnion Territory,Chandigarh ,Plot No 5-B, Sector No 19B,Madhya Marg, Chandigarh-160 019
FIRST APPEAL NO. 640 of 2009
1. Bhim Sainson of Sh/ Ram Saran Dass r/o M/s Ram Saran Dass Bhim Sain, Cloth Merchants, Rampura Phul (Punjab), aged 62 years ...........Appellant(s)

Vs.
1. M/s Sahara India Pariwar Housing UnitSahara India Tower 7th Floor, 2, Kapoorthala Complex, Aliganj, Lucknow, through its M.D.2. Regional ManagerSahara India Pariwar, SCO No. 1110-1111, Sector 22B, Chandigarh through its Regional Manager3. The Brnach ManagerSahara India Pariwar, SCO No. 1110-1111, Sector 22B, Chandigarh ...........Respondent(s)


For the Appellant :Mr. Rajinder Singh Raj, Advocate for
For the Respondent :

Dated : 04 Dec 2009
ORDER

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This appeal  for enhancement of compensation by complainant   is directed against the  order dated 12.10.2009    whereby   his complaint bearing NO.555 of 2009 was allowed by the District Consumer Forum-I, U.T.Chandigarh in the following terms ;

“The OPs are directed to refund the amount of Rs.10,004/- along with interest @8% per annum since the date of deposit i.e. 31.12.2003, till the amount is actually paid to the Complainant. They will also pay him Rs.2,000/- towards costs of litigation. If the above amount is not paid within the period of 30 days from the date of receipt of the copy of the order, the OPs would be liable to pay penal interest @12% per annum since the date of deposit i.e. 31.12.2003, till its payment.”     

2.         Put shortly the facts as set out in the complaint are that  the  complainant booked one three bedroom type-C house in the proposed Swaran/Rajat Yojna i.e. Sahara City Home Township in Chandigarh and deposited a total sum of Rs.10,004/- vide receipt dated 31.12.2003.  The officials of the OPs gave verbal assurance that the possession of the house would be handed over by the end of 2007. However,  OPs failed to start the construction, therefore, the complainant visited their office and sought refund of the amount but he was put off on one pretext or the other.  He also served a legal notice dated 6.3.2009 seeking refund but to no avail. Hence, alleging deficiency in service   and unfair trade practice on the part of OPs, complainant filed a complaint before the District Consumer Forum.

3.         On the other hand, the case of OPs was that the  Sahara Rajat Scheme was not floated  for providing the housing unit. The complainant misinterpreted its terms and conditions and in fact the scheme provided different opportunities i.e. for purchase of Sahara products to avail different facilities provided by Sahara and also an opportunity for conversion  into Sahara City Homes Scheme if the purchaser so desired.  It was   pleaded that the complainant was advised many times to exercise his option but he did not opt for the said scheme.  The  complainant had deposited   the amount of Rs.10,000/- under Sahara Rajat Yojna and not under Sahara City Homes. For the allotment of housing unit it was compulsory for the person to convert his account into Sahara City Homes and  there was no time limit in the scheme  for the allotment of the plot or to avail services or purchase products and the complainant could avail either of the  facilities within a period of 10 years.  So, it was pleaded that there was   no deficiency in service or unfair trade practice on their part and prayed for   dismissal of the complaint . 

 4.          The learned District Consumer Forum after  obtaining evidence and   hearing the learned counsel for the parties allowed the complaint as indicated in the opening part of this judgment.  Still dissatisfied, complainant has come up in this appeal.  

5.         We have heard the learned counsel for the appellant at the time of admission of this appeal. His sole point is that the District Consumer Forum, though, allowed the complaint, yet failed to award compensation. We have given our thoughtful consideration to this point raised on behalf of appellant and find the same to be devoid of any merit, inasmuch-as he had already been awarded interest @ 8% p.a. on the refundable amount which tallies the rate of interest payable on the fixed deposits.  In this case before us a perusal of the impugned order shows that the interest has been awarded since 31.12.2003 i.e. the date of deposit of Rs.10,004/-   with OPs. So,  keeping in view the  interest  awarded by the learned District Forum @ 8% p.a.  ,we do not find any justification for granting further  compensation in addition to the  relief already granted by the District Consumer  Forum.  Moreover,  adequate litigation expenses have already been awarded.

6.         Thus, taking an  overall view, we do not find it a fit case even for admission.   Hence, this appeal is dismissed in limine.

             Certified copies of this order be communicated to the parties, free of charge. The file be consigned to records.         

                       

 


MAJ GEN S.P.KAPOOR (RETD.), MEMBERHON'BLE MR. JUSTICE PRITAM PAL, PRESIDENT MRS. NEENA SANDHU, MEMBER