Haryana

StateCommission

CC/65/2015

ASHANI KUMAR SINGLA AND ANOTHER - Complainant(s)

Versus

PARSAVNATH DEVELOPERS LTD. - Opp.Party(s)

R.C.SHARMA

19 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                             Consumer Complaint No.     65 of 2015

                                      Date of Institution                  14.05.2015

                                       Date of Decision                             19.08.2016

 

 

 

 

 

 

 

 

1.      Ashwani Kumar Singla son of Sh. Hari Om, resident of House No.451, Sector 15, Panchkula.

 

2.      Mrs. Rajni wife of Ashwani Kumar Singla, resident of House No.451, Sector 15, Panchkula.

                                      Complainants

 

Versus

 

M/s Parsvnath Developers Limited, Registered Office, 6^th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi -110001 through its Managing Director.

Opposite Party

 

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                                                                                                                        

 

For the parties:   Shri R.C. Sharma, Advocate for the complainants.

                             Shri A.S. Khara, Advocate for the opposite party.

 

                                                   O R D E R

 

NAWAB SINGH J,

 

          The present complaint under Section 17 of the Consumer Protection Act, 1986 (for short, ‘Consumer Act’) has been filed by Ashwani Kumar Singla and his wife Rajni -complainants averring that on November 17^th, 2010, they booked a flat with M/s Parsvnath Developers Limited-opposite party (for short, ‘Builder’) in the project Royale Panchkula vide application Exhibit C-1.  Flat Buyer Agreement dated July 14^th, 2011 (Exhibit C-12) was executed between the complainants and the builder.  As per the agreement, the possession of the flat was to be given within thirty six months with grace period of six months.  The builder allotted Flat No.T4/101, Royale Panchkula, Sector 20, Panchkula to the complainants.  The complainants paid Rs.44,62,390/- to the builder vide receipts Exhibit C-2 to 10.  Inspite of repeated requests made to the builder to handover the possession to the complainants, the possession was not handed over.  The complainants prayed that the builder be directed to refund the deposited amount, that is, Rs.44,62,390/- alongwith interest at the rate of 18% per annum from the date of its respective deposit; compensation and to pay Rs.4,00,000/- on account of harassment, mental agony etc and Rs.30,000/- litigation expenses.

2.      Builder, in its reply, resisted the complaint on various grounds, including its maintainability. It is pleaded that the complainants were persistent defaulters in making the payment in time; the dispute between the parties was of civil nature; as per clause 10(a) of the agreement, date of final construction of the flat was not fixed and the overall recession and financial problems, which were not foreseen, contributed to the delay in the completion of the project.  

3.      The complainants in their evidence examined Ashwani Kumar Singla- complainant as CW1 and produced documents Exhibits C1 to C-13.  The builder tendered affidavit of R.C Gupta, General Manager alongwith documents Exhibit OP-1 to OP-4.

4.      The only question arises for consideration is whether the builder defaulted in delivering the possession of the flat to the complainants or not?

5.      Indisputably, the complainants had applied for flat with the builder.  Flat Buyer Agreement (Exhibit C-12) was executed between the parties on July 14^th, 2011. Flat No.T4/101, Royale Panchkula, Sector 20, Panchkula was allotted to the complainants. The complainants paid Rs.44,62,390/- to the builder. As per agreement, the possession of the flat was to be given within thirty six months with grace period of six months but the builder failed to do so and it was certainly a case of deficiency in service.  The builder did not give any plausible reply in not handing over the possession of the flat within the stipulated period to the complainants. Moreover, R.C. Gupta-OPW1 in his cross-examination has admitted that the builder is still not in a position to hand over possession of the flat to the complainant. 

6.      In view of above, the complaint is allowed. M/s Parsvnath Developers Limited-builder is directed to pay Rs.44,62,390/- (Rupees Forty Four Lac Sixty Two Thousand and Three Hundred Ninety) to the complainants, alongwith interest at the rate of 12% per annum from the date of its respective deposits till the date of realization; Rs.25,000/- as compensation for rendering deficient services and Rs.10,000/- towards litigation expenses. The entire amount be paid by the builder within a period of 45 days, from the date of receipt of the order, otherwise, it will carry interest at the rate of 18% per annum, till realization and it calls for pointed notice that under Section 27 of the Act, if the builder fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with both.              

  

Announced 19.08.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K