Haryana

Sonipat

CC/374/2015

Rajesh Kumar S/o Om Parkash - Complainant(s)

Versus

Parasvnath Developers Ltd. - Opp.Party(s)

Kamal Hooda

01 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

             

                             Complaint No.374 of 2015

                             Instituted on:07.10.2015                                           Date of order:02.06.2016

 

 

Rajesh Kumar son of Om parkash, r/o H.No.G-59, Second Floor, South City-I, Gurgaon.

                                                ……Complainant

 

                   VERSUS

 

1.Parsvnath  Developers Ltd, Regd. 6^th Floor, Arunachal Building, 19 Barakhamba road, New Delhi-01 through its Managing Director.

2.Parsvnath Preston Project, Parsvnath City, Sonept through its General Manager.

     ……Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Kamal Hooda Adv. for complainant.

           Sh. Pankaj Rohila, Adv. for respondents.

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

    

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has booked a flat in Parsvnath Preston Project with the respondent vide application dated 6.9.2008 and the respondents have allotted flat no.T6-104 on first floor in dwelling unit in Tower NO.T-6 having area approximately 1310 sq. feet equivalent to 121.70 sq. meters. At the time of booking, the basic price of the said flat was agree as Rs.30,59,093/- including PLC, TLC, EDC, IDC and car parking charges etc.  The respondents have assured the complainant that they will hand over the possession of the said flat within 36 months from the date of foundation of the particular tower with a grace period of six months.  But till 6/2014, the complainant has not received any information from the respondents.  The complainant has requested the respondents personally and by legal notice either to deliver the possession of the flat or to refund the deposited amount  alongwith interest etc., but of no use and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that they have received a sum of Rs.29,66,438/- towards the booking, out of which the complainant had paid a sum of Rs.24,47,274/- to the respondents through bank loan.  However, for the reasons beyond the control of the respondents, the respondents were unable to complete the construction within time though the respondents at all the times assured the complainant that for the delayed period, the complainant shall be compensated in terms of clause 10© of the Flat Buyer Agreement.  Thus, it cannot be said that there is any deficiency in service on the part of the respondents and prayed for the dismissal of the present complaint.

3.        We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.        Ld. Counsel for the complainant has submitted that the complainant has booked a flat in Parsvnath Preston Project with the respondent vide application dated 6.9.2008 and the respondents have allotted flat no.T6-104 on first floor in dwelling unit in Tower NO.T-6 having area approximately 1310 sq. feet equivalent to 121.70 sq. meters. At the time of booking, the basic price of the said flat was agree as Rs.30,59,093/- including PLC, TLC, EDC, IDC and car parking charges etc.  The respondents have assured the complainant that they will hand over the possession of the said flat within 36 months from the date of foundation of the particular tower with a grace period of six months.  But till 6/2014, the complainant has not received any information from the respondents.  The complainant has requested the respondents personally and by legal notice either to deliver the possession of the flat or to refund the deposited amount  alongwith interest etc., but of no use and that amounts to a grave deficiency in service on the part of the respondents.

          On the other hand, ld. Counsel for the respondents has

submitted that they have received a sum of Rs.29,66,438/- towards the booking, out of which the complainant had paid a sum of Rs.24,47,274/- to the respondents through bank loan.  However, for the reasons beyond the control of the respondents, the respondents were unable to complete the construction within time though the respondents at all the times assured the complainant that for the delayed period, the complainant shall be compensated in terms of clause 10© of the Flat Buyer Agreement.  Thus, it cannot be said that there is any deficiency in service on the part of the respondents.

          In the present case, there is admission on the part of the respondents that they have received a sum of Rs.29,66,438/- towards the booking, out of which the complainant had paid a sum of Rs.24,47,274/- to the respondents through bank loan.  However, for the reasons beyond the control of the respondents, the respondents were unable to complete the construction within time.

          But the perusal of the case file shows that the complainant has almost already paid the amount of Rs.30,59,093/- to the respondent including all PLC, TLC, IDC, EDC and car parking charge etc.

          In the present case, tripartite agreement was executed in between the complainant and the respondents.  The perusal of the document Annexure I shows that upto 25.11.2015, there was default on the part of the respondents for Rs.704295/-.  Accordingly, the respondents are hereby directed to pay interest at the rate of 09% per annum on the total defaulting amount which was to be paid by them to the complainant till the date of passing of this order.

          Thus, we find the respondents deficient in their services.  In our view, the complainant has been able to prove his case against the respondents.  Accordingly, we hereby direct the respondents to pay compensation to the tune of Rs.two lacs for rendering deficient services, for harassment and under the head of litigation expenses.  The respondents are further directed to deliver the possession of the flat to the complainant within a period of 60 days from the date of passing of this order, failing which, the respondents shall pay interest to the complainant at the rate of 12% per annum on the total defaulting amount lying deposited with the respondents.

          The respondents are further directed to pay regular installments to the complainant till handing over the possession of the flat without any default.  In case of failure on the part of the respondents, the complainant shall be entitled to charge interest at the rate of 12% per annum on the total defaulting amount.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

(Prabha Wati)                (Nagender Singh-President)

Member DCDRF                         DCDRF, Sonepat.

 

Announced: 02.06.2016