Haryana

StateCommission

A/252/2015

VANDNA SAHNEY - Complainant(s)

Versus

OMAXE CONSTRUCTION LTD. - Opp.Party(s)

RANBIR SINGH

23 Jul 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      252 of 2015

Date of Institution:      17.03.2015

Date of Decision :       23.07.2015

 

Vandna Sahney w/o Sh. Vinish Sahney, Resident of House No.1396, Sector-15, Sonepat (Haryana).

                                      Appellant-Complainant

Versus

 

Omaxe Construction Limited Registered under Companies Act, 1956, having its Registered Office at 7, Local Shopping Centre, Kalkaji, New Delhi-110019 through its authorized signatory Rajiv Chaudhary, 7, Local Shopping Centre, Kalkaji, New Delhi-110019.

 

                                      Respondent

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Capt. Arun Sharma, Advocate for appellant.

                             Shri Munish Gupta, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This complainant’s appeal is directed against the order dated January 22^nd, 2014, passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Sonepat.

2.      Undisputed facts of the present case are that one Ajay Arya booked a flat with Omaxe Construction Limited-(hereinafter referred to as ‘the builder’)-Opposite Party. The basic sale price of the flat was Rs.21,98,060/-. He paid Rs.3.00 lacs to the builder vide receipt dated September 21^st, 2005 (Annexure C-7).  The builder allotted flat No.803 in Omaxe Heights, Sonepat. Then, the flat was purchased by Vandna Sahney from Ajay Arya. She further paid Rs.2,00,500/- to the builder. However, the builder did not deliver possession of the flat. The complainant requested the builder to deliver possession of the flat or to refund the amount paid towards the price of the flat but to no avail. 

3.      She filed complaint under Section 12 of the Consumer Protection Act, 1986.

4.      The respondent-opposite party in its reply stated that the complainant did not pay the instalments as per the terms and conditions of the agreement, therefore, the allotment of flat was cancelled and there was no deficiency in service on its part.  

5.      District Forum vide impugned order accepted complaint and issued direction to the opposite party to refund Rs.5,00,500/- to the complainant within 30 days from the date of passing of order failing which the amount shall fetch interest at the rate of 9% per annum from the date of passing of the order till its realization.

6.      Aggrieved complainant is in appeal for modification of the order seeking interest from the date of deposit.

7.      Learned counsel for the builder-opposite party has submitted that the order of the District Forum was passed on January 22^nd, 2015 and in compliance thereof, cheque No.379269 dated February 10^th, 2015 (Annexure-A) for Rs.5,00,500/- was sent to the complainant through registered post vide receipt (Annexure-B) alongwith forwarding letter (Annexure-C) but the complainant refused to accept the same, as is evident from ‘Delivery Attempts by Courier/Postal Agency’ (Annexure-D).

8.      In view of the fact that the builder sent the cheque (Annexure-A) in compliance of the order of the District Forum within 30 days of the order, therefore, this Commission feels that the complainant would be compensated if the order is modified to the extent that the complainant would be entitled to interest at the rate of 9% per annum from the date of complaint till February 10^th, 2015 when the builder sent the cheque and the complainant refused to accept the same.  It is ordered accordingly.

9.      The impugned order is modified in the manner indicated above and the appeal stands disposed of.

 

Announced 23.07.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL