PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

This complaint has been filed by the complainants against OPs for direction to handover possession of the booked unit or in the alternate to refund amount with interest and compensation.

2.      Brief facts of the case are that complainants on 11.10.2010 paid the booking amount and booked a flat in a housing project being Park Arena located in Sector 80, Faridabad, Haryana of the Opposite Party. Subsequently, the Flat No. G-502 was allotted to the complainant on 25.12.2010.  A Buyer’s Agreement for allotment of the Flat in the Park Arena was signed by the complainant and sent over to the Opposite Party(s) for execution.  As per the Agreement, the Opposite Party was required to handover the possession of the flat to the complainants within 36 months from the date of the booking/registration of the Flat.  However, even after more than six years from the date of the Buyer’s Agreement, the Opposite Party has not handed over the possession of the flat to the Complainants.  On inspection, it has been noted that only bare minimum construction of the flat has been completed. On the other hand, the Complainants have made payments, from time to time, to the Opposite Party as per the Payment Schedule provided in the Buyer’s Agreement. The Complainants have been trying to contact the Opposite Party but have only received evasive responses from the Opposite Party. Alleging deficiency on the part of OP, complainant filed complaint for direction to OPs to handover possession of flat and pay Rs.29,45,751/- as compounded quarterly interest @ 18% p.a. for delayed period or in the alternate to refund deposited amount with compounded interest and Rs.15,00,000/- compensation for physical and mental torture and Rs.1,00,000/- as cost of litigation.

3.      Heard learned Counsel for the complainants for admission purpose.

4.      Learned Counsel for the complainant submitted that complainant is entitled to 18% p.a. interest for delayed period and has rightly claimed pecuniary jurisdiction of this Commission; hence, complaint be admitted.

5.      This Commission has jurisdiction to entertain complaint only if value of the goods or services and compensation, if any, claimed exceeds Rs.1.00 crore.  Admittedly, complainant paid Rs.41,75,875/- and even if interest @ 18% p.a. is calculated for delayed period, it will be around Rs.23,00,000/- whereas, complainant in para 31 of the complaint has claimed Rs.45,75,597/- as 18% quarterly compounded interest which is not permissible.  Learned Counsel for the complainant has placed reliance on judgment of this Commission in CC No. 347 of 2014 – Swarn Talwar & 2 Ors. Vs. Unitech Ltd. & Ors. in which 18% p.a. simple interest was allowed on the deposited amount.  If 18% p.a. simple interest is allowed, complainant is entitled to get refund of Rs.41,75,875/- + interest about Rs. 23,00,000/- totalling Rs.64,75,875/- and even if Rs.15,00,000/- claimed as compensation is included in this amount, it would not exceed Rs.80,00,000/- and in such circumstances, this Commission has no jurisdiction to entertain the complaint.  Complainants should have filed complaint before State Commission as only State Commission has jurisdiction to entertain the complaint upto Rs.1 crore.

6.      Consequently, complaint filed by the complainants is dismissed for want of pecuniary jurisdiction and liberty is given to the complainants to approach appropriate State Commission for redressal of their grievances, if law permits.