NCDRC

NCDRC

FA/1474/2018

AVIGHANA WELFARE SOCIETY - Complainant(s)

Versus

M/S. MANOHAR INFRASTRUCTURE AND CONSTRUCTION PVT. LTD. & ORS. - Opp.Party(s)

MR.ROHAN SHARMA

16 May 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1474 OF 2018
(Against the Order dated 02/07/2018 in Complaint No. 815/2017 of the State Commission Chandigarh)
1. AVIGHANA WELFARE SOCIETY
THROUGH ITS PRESIDENT, 209, SECTOR -4,
PANCHKULA
HARYANA
...........Appellant(s)
Versus 
1. M/S. MANOHAR INFRASTRUCTURE AND CONSTRUCTION PVT. LTD. & ORS.
THROUGH ITS MANAGING DIRECTOR/ AUTHORIZED SIGNATORY, SCO NO 139-141, SECTOR17-C,
CHANDIGARH
2. SH. TARNINDER SINGH
MANAGING DIRECTOR M/S. MANOHAR INFRASTRUCTURE AND CONSTRUCTION PRIVATE LIMITED, SCO 139-141, SECTOR 17-C,
CHANDIGARH 160017
3. MRS. SHOPLA SURI
W/O. SH GOKULESH SURI, H NO 17, SECTOR 11-A
CHANDIGARH
4. MR. GOKULESH SURI
S/O. SH. ANIL KUMAR SURI, H NO 17, SECTOR 11-A
CHANDIGARH
...........Respondent(s)
FIRST APPEAL NO. 1541 OF 2018
(Against the Order dated 02/07/2018 in Complaint No. 815/2017 of the State Commission Chandigarh)
1. MANOHAR INFRASTRUCTURE & CONSTRUCTIONS PVT. LTD. & ANR.
THROUGH ITS DIRECTOR/MANAGER, DIRECTOR, SCO NO 139-141, SECTOR 17-C,
CHANDIGARH 160 017
2. TARNINDER SINGH
MANAGING DIRECTOR, M/S. MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PVT LTD, SCO NO 139-141, SECTOR 17-C, FIRST FLOOR,
CHANDIGARH 160017
...........Appellant(s)
Versus 
1. SHILPA SURI & 2 ORS.
W/O. SH. GOKULESH SURI, R/O. H NO 17, SECTOR 11-A,
CHANDIGARH
2. GOKULESH SURI
S/O. SH. ANIL KUMAR SURI, R/O. H NO 17, SECTOR 11A,
CHANDIGARH
3. AVIGHANA WELFARE SOCIETY
REGISTERED OFFICE 209, SECTOR 4,
PANCHKULA
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. BINOY KUMAR,MEMBER

FOR THE APPELLANT :
FOR AVIGHANA WELFARE SOCIETY : MR. ROHAN SHARMA, ADVOCATE WITH
MR. DEEPAK BHARADWAJ, AR
FOR THE RESPONDENT :
FOR MANOHAR INFRASTRUCTURE AND
CONSTRUCTION PVT. LTD. & ANR. : MR. PAWAN KUMAR RAY, ADVOCATE
FOR THE COMPLAINANTS : MR. SHYAM KUMAR SHARMA, ADVOCATE

Dated : 16 May 2023
ORDER

1.      These appeals under section 19 of The Consumer Protection Act, 1986 are in challenge to the same Order dated 02.07.2018 of the State Commission in complaint no. 815 of 2017.

2.      Learned counsel for Avighana Welfare Society (the ‘society’), for Manohar Infrastructure and Construction Pvt. Ltd. & Anr. (the ‘builder co.’) and for the Complainants (the ‘complainants’) make their submissions.

Perused the record. 

3.      The matter pertains to a builder-buyer dispute. The award made by the State Commission as contained in para 36 of its impugned Order dated 02.07.2018 is reproduced below for reference:

Consumer Complaint No.815 of 2017:

i)    To refund the amount Rs.29,08,750/- to the complainants, alongwith interest @13% p.a., from the respective dates of deposits onwards.

ii)   To pay compensation, in the sum of Rs.1 (one) lac, for causing mental agony and physical harassment, to the complainants, as also escalation in prices.

iii)  To pay cost of litigation, to the tune of Rs.33,000/- to the complainants.

4.      Learned counsel for the society submits, on instructions, that the society had not taken any money from the complainants. The complainants had paid the builder co. alone. 

5.      Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs.29,08,750/- deposited with it by the complainants with interest at the rate of 9% per annum from the respective date(s) of deposit till actual realisation along with lumpsum compensation of Rs.50,000/- and cost of litigation of Rs.25,000/-. He also submits, on instructions, that the amount as any deposited by the builder co. with the State Commission in compliance of this Commission’s interlocutory Order dated 26.09.2018 in appeal no.1541 of 2018 along with interest if any accrued thereon may be forthwith released in toto to the complainants and the balance awarded amount will be made good by the builder co. within three months from today. Learned counsel further requests that this case may not be treated as a precedent and the issues involved may be kept open.

6.      Learned counsel for the complainants submits, on instructions, that the afore terms are acceptable to the complainants.

7.       In the wake of the above submissions nothing more survives for adjudication in these appeals. The same are thus disposed of with the following directions:

The award made by the State Commission is modified to the extent that the builder co. shall refund the amount of Rs.29,08,750/- deposited by the complainants with interest at the rate of 9% per annum from the respective date(s) of deposit till actual realisation along with lumpsum compensation of Rs.50,000/- and cost of litigation  of Rs.25,000/-. The amount as any deposited by the builder co. with the State Commission in compliance of this Commission’s interlocutory Order dated 26.09.2018 in appeal no. 1541 of 2018 along with interest if any accrued thereon shall be forthwith released in toto by the State Commission to the complainants. The balance awarded amount shall be made good by the builder co. within three months from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.  

8.      This Order has been made on consent. As such the decision in this case shall not be treated as a precedent. And the issues involved are kept open.

9.      The Registry is requested to send a copy each of this Order to the parties in the appeals and to their learned counsel as well as to the State Commission immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.       

 ‘Dasti’, in addition, to facilitate timely compliance.

 
..............................
DINESH SINGH
PRESIDING MEMBER
 
 
............................
BINOY KUMAR
MEMBER

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