DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL) ISBT KASHMERE GATE DELHI

CC/50/2020

No. DF/ Central/

Sh. Vijayshree Yadav

W/o. Late Sh. Narender Singh,

r/o. H. No. 31/11 (1^st Floor), Old Rajender Nagar,

New Delhi-110060                                      …..COMPLAINANT

VERSUS

1. M/s Paramount ProBuild Pvt. Ltd.

(an amalgamated company of Paramount Towers Pvt. Ltd.)

Regd. Office: 208, (2^nd Floor), Sikka Mansion,

LSC, Savita Vihar, Delhi-110092.

2. Paramount ProBuild Pvt. Ltd.

Corporate Office : H-123 Sector-63,

Noida-201-301 (UP) …..OPPOSITE PARTY

Coram:       Ms. Rekha Rani, President

                    Shri R.C. Meena, Member

ORDER

Rekha Rani, President

1.               Sh. Vijayshree Yadav (in short the complainant) filed the instant complaint under section 35 of the Consumer Protection Act, 2019 against M/s Paramount Probuild Pvt. Ltd. (in short OP) pleading therein that she is filing the instant complaint through her authorized representative vide Power of Attorney dated 25.10.2019, that she and her husband booked a flat unit no. 1102, 11^th Floor, Tower/ Block No. Hibiscus type 3B+4T plus servant utility/ STO Rage, having a super area 1685 sq. ft. in the project Paramount Floraville, Sector-137, Expressway, NOIDA with the OP and further that her husband died on 22.12.2013.  It is also stated that she and her deceased husband booked the above said flat and made full payment of sale price of Rs. 52,77,730/- (Rupees Fifty-two lacs seventy-seven thousand seven hundred thirty only) to the OP and no payment is due to the OP regarding the said flat.  Further, it is stated that the OP is not in a position to hand over possession of the flat as the flat is incomplete.  It is alleged that instead of handing over completed flat to the complainant OP is seeking to impose a penalty upon the complainant.  It is also alleged that since the possession of the flat was not handed over to the complainant she sent to the OP a legal notice dated 24.02.2020 which was received by the OP but OP neither replied to the notice nor handed over possession of the flat.  Hence the instant complaint seeking damages of Rs.1 lac towards deficiency in service and unfair trade practice, Rs. 50,000/- towards litigation charges and Rs. 5 lacs towards harassment, financial loss, mental pain and agony and further seeking direction to OP to hand over possession of the said flat to the complainant and also, to waive of the penalty imposed upon the complainant by the OP.

2.               During the pendency of the instant complaint parties settled the matter before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Mediation Case No. 2745/2020 dated 17.11.2020.

3.               We have heard Sh. Pankaj Kumar, Counsel for the complaint along with AR Sh. Vijayshree Singh Yadav and Sh. Shashank Kumar, Counsel for the OP.  Both the parties have also filed their written submission. 

4.               It is the case of the complainant that Sh. Narender Singh husband of the complainant died leaving behind the complainant and minor daughter as his legal heirs and that he had bequeathed all his proprieties including his share in the booked flat in favour of the complainant vide Will dated 06.07.2012 and a probate case is pending before District and Sessions Judge, Gurugram, Haryana in Suit No. 10/2018. 

5.               Ld. Counsel for the complainant during the course of submissions made before us, sought a direction to the concerned Sub-Registrar, for registration of sale deed qua the flat in question in favour of the complainant.  When we ask the Ld. Counsel for the complainant that when probate proceedings are still pending before Ld. District and Sessions Judge, Gurugram, Haryana regarding the title of the complainant to the flat in question, how such a direction can be issued,  Ld. Counsel for the complainant drew out attention to para 07 of the Mediation Proceedings where it is mentioned that the applicant has undertaken to keep the opposite party indemnified in the event of the parental family of late Sh. Narender Singh laying claim over the subject flat or taking out any action before any Court/Authority or any liability that may percolate on the opposite party pursuant to any order passed in such proceedings. 

6.               It is an admitted fact that probate case is still pending before the Court of Competent jurisdiction which is District and Session Judge, Gurugram, Haryana in suit no. 10/2018 in respect of the flat in question.  Parties to the said probate proceedings were not impleaded by the complainant in the instant complaint case nor were they parties to the settlement proceedings before the Delhi Mediation Centre, Tis Hazari, Delhi dated 17.11.2020, the indemnification sought to be given by the complainant vide para 7 of the Mediation Proceedings has nor been accepted by the parties to the probate case.  Allowing the instant complaint on the basis of the settlement arrived at Mediation Centre would frustrate and circumvent the proceedings pending before the competent Civil Court. 

7.               In a similar case titled Commissioner Bruhat Bengaluru Mahanagara Palike & Anr. vs. Farulla Khan & Anr. (SLP (C) No. 5743/2020) LL 2021 SC 42 wherein title suit was pending before a Court of Competent Jurisdiction it was urged before the Apex Court while assailing judgement of Karnataka High Court that pending the decision of the Title Suit, High Court ought not to have issued a direction for mutation entries.  Hon’ble Apex observed that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit before the competent Civil Court.  Hon’ble Apex court held that mutation entries do not confer any title to immovable property and that the same can be conferred only by declaration of passed by a Civil Court. 
8.               This Commission cannot act upon the settlement arrived at between the parties in the Mediation Centre primarily for the reason that title of the complainant to the extent of share of her deceased husband in the flat in question is in dispute in the probate proceedings which can be adjudicated only by that Civil Court and not by this Commission in summary proceedings.  This Commission has to wait for a declaration from the said Civil Court regarding share of the deceased husband in the flat in question. 

9.               In view of the above, the proceedings of the instant complaint are stayed until final decree is passed in probate case in suit no. 10/2018 pending before the Ld. District and Sessions Judge, Gurugram, Haryana.  File be consigned to record room which may be got revived after passing of the said decree by the said court. 
10.               Ordered accordingly. 
11.               Copy of this order be sent to the parties as per rules.

Announced on this ____ day of February 2021.