NCDRC

NCDRC

CC/430/2020

JOYTI MITTAL - Complainant(s)

Versus

M/S. BPTP LTD. & ANR. - Opp.Party(s)

MR. SUSHIL KAUSHIK & MS. HIMANSHI SINGH

22 Nov 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 430 OF 2020
1. JOYTI MITTAL
R/o. D9-11, 2nd Floor, DLF Exclusive Floors, DLF PH-V,
GURGAON
HARYANA
...........Complainant(s)
Versus 
1. M/S. BPTP LTD. & ANR.
Through its Managing Directors, Having its Add at M-11, Middle circle, Connaught Circus,
NEW DELHI - 110 001
2. M/S. COUNTRYWIDE PROMOTERS PVT. LTD.
Through its Managing Directors, Having its Add. at M-11, Middle Circle, Connaught Circus,
NEW DELHI - 110 001
3. M/S COUNTRYWIDE PROMOTERS PVT.LTD.
THROUGH ITS MANAGING DIRECTORS HAVING ITS ADDRESS AT M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI-110001
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER
 HON'BLE BHARATKUMAR PANDYA,MEMBER

FOR THE COMPLAINANT :
MR. SUSHIL KAUSHIK, ADVOCATE
FOR THE OPP. PARTY :
MR. MANISH MISRA, ADVOCATE
MR. V. SAI DHANUSH, ADVOCATE

Dated : 22 November 2023
ORDER

The opposite parties have filed IA/4497/2022 for bringing on record the subsequent fact i.e. the opposite parties have sold the flat allotted to the complainant on 21.05.2022.  Although the complaint was filed for refund, but the property which was allotted to the complainant, has been sold without taking any permission from this Commission and without refunding the sale consideration deposited by the complainant.  Therefore, this Commission has no option except to allow the complaint for refund. 

So far as the interest is concerned, it has been stated in the complaint that for payment of consideration to the opposite parties, the complainant has taken loan of Rs.74 lacs and loan is still unpaid.  Since the complainant has taken loan, it will be appropriate that the opposite parties be directed to pay compensation in the form of interest @ 12% per annum from the date of deposit till the date of payment. 

ORDER

          In the result, the complaint is allowed.  The opposite parties are directed to refund the entire amount deposited by the complainant with interest @ 12% per annum from the date of respective deposit till the date of payment within a period of two months.  It shall be open for the opposite parties to satisfy the bank loan first and pay balance amount to the complainant.  

 
..................................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER
 
 
.............................................
BHARATKUMAR PANDYA
MEMBER

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