Delhi

New Delhi

CC/808/2007

Phunstog namgyal kalon - Complainant(s)

Versus

M/S. Parsvnath Developers Ltd. - Opp.Party(s)

20 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/808/07                        Dated:

In the matter of:

Phuntsog Namgyal Kalon,

S/o Sh. T.S Kalon,

R/o Flat no.1005B2, Tower-2,

Parsvnath Majestic Floor,

Vaibhav Khand, Indirapuram, Ghaziabad

……..COMPLAINANT

       

VERSUS

1. Mr. Pradeep Jain,

        Managing Director,

        Parsvnath Developer Ltd.,

        G-2, Arunachal Building,

        19, Barakhamba Road, New Delhi-01

 

2. Col. S.N Mohla (Retd.),

        (Authorized Signatory)

        Parsvnath Developer Ltd.,

        G-2, Arunachal Building,

        19, Barakhamba Road, New Delhi-01

                                        ……. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturvedi

 

In pursuance of the order of State Commission dated 12.08.14, to pass detailed orders, the matter was taken up. It is seen from the record that the W.S of the OP was not on record that the W.S of the OP was not on record, and it was ordered to be filed on record. The OP has now filed the W.S with sale deed copy.

We have gone through the pleadings to determine the penalty for delay, which the two Members of the Forum decided at Rs.31,9000/- but failed to pass reasoned detailed order, after getting the file or order vetted from the President. To that extent the order is non-est also.

The sale deed states that flat buyer agreement was executed on 08.07.2004, and thereafter a triparte agreement was executed on 17.08.04. The Para 16 (9) of the agreement stated that construction of flat was likely to be constructed within a period of 24 months of commencement, subject to force majeure condition and restoration by authorities, availability of building material etc.

It is stated that on 17.05.07, the OP issued a due certificate to facilitate execution and registration of sale deed and on 22.06.07, the sale deed was executed, on getting compliance etc. earlier. With these parameters, the delay period is to be worked out. Assuming construction commencement after 17.08.04, the date of agreement, the period of 24 months comes to 16.08.06 or on 22.06.07, when registry is done or possession is given. The delay thus works out to less than maximum of 10 months or so. The penalty @ Rs.5 per s.ft for the area to Complainant comes to Rs.5,175/- per month and for maximum of 10 months, it comes to be Rs.51,750/-. The exact period of commencement of construction and completion, being not available and the likely time by 24 months, with allowed delay of 6 months generally, the delay penalty of Rs.31,900/- does not appear to be much off the of maximum.

In view of this the OP is directed to pay Rs.31,900/- and Rs.10,000/- for litigation expenses is payable by OP. The record shows that OP has already paid Rs.20,375/- on 05.12.12 during proceedings and it is directed to pay the balance amount with interest @ 9% from date of completion till payment.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 20.10.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER