Haryana

StateCommission

A/477/2015

RAM KUMAR KAUSHIK - Complainant(s)

Versus

PARSAVNATH DEVELOPERS LTD. - Opp.Party(s)

A.K.YADAV

01 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                    

                                                First Appeal No.           477 of 2015

                                                Date of Institution:       25.05.2015

                                                Date of Decision:         01.02.2016

 

Ram Kanwar Kaushik son of Sh. Chiranji Lal, resident of Village Hayatpur, P.S. Garhi, Harsaru, Tehsil and District Gurgaon.

                             Appellant-Complainant

Versus

 

1.      M/s Parsvnath Developers Limited, 6^th Floor, Arunachal 19, Barakhamba Road, New Delhi – 110001 through its Managing Director.

 

2.      M/s Parsvnath Developers Limited, NH-8, Near P.S Dharuhera, Dharuhera, Tehsil and District Rewari through its authorized signatory.

                                      Respondents-Opposite Parties

 

 

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                       

 

Present:              Mr. A.K. Yadav, Advocate for the appellant.

                             Mr. Satpal Dhamija, proxy counsel for Mr. A.S. Khara, Advocate for the respondents.

 

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Ram Kanwar Kaushik-complainant (appellant) against the order dated March 03^rd, 2015 passed by District Consumer Disputes Redressal Forum, Rewari (for short ‘District Forum’).  For ready reference, operative part of the order is reproduced as under:-

“5)     Resultantly, the complaint is allowed directing the opposite parties to refund the deposited amount of Rs.8,34,750/- to the complainant with interest @ 9% per annum from the date of respective deposits till realization.  The complainant is also awarded compensation to the tune of Rs.30,000/- besides litigation expenses which are quantified at Rs.5500/- against the opposite parties.  Let the compliance of this order be made within two months from the date of receipt of the copy of this order failing which the entire above awarded amount shall fetch penal interest @ 12% per annum after the expiry of said period of two months till payment.”  

 

2.      Complainant booked a flat in the project namely ‘Parsvnath City’, Dharuhera, Rewari of M/s Parsvnath Developers Limited-opposite parties (for short ‘builder’). The complainant paid Rs.8,34,750/- to the builder.  He was allotted Flat No.T-6-402.  The builder neither gave possession of the flat nor refunded the amount despite making requests by the complainant. Hence, the complaint.

3.      The complaint was accepted by the District Forum and issued direction to the builder as mentioned in paragraph No.1 of this order.

4.      The complainant has come up in appeal on the short ground that interest awarded on the deposited amount should have been 18% per annum instead of 9% per annum.

5.      The District Forum has not only awarded interest at the rate of 9% per annum but also awarded Rs.30,000/- as compensation and Rs.5500/- litigation expenses.  This being so, the complainant has been adequately compensated and as such, no case for interference in the impugned order is made out to increase the rate of interest to 18%.

6.      The appeal is therefore dismissed.

  

Announced 01.02.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK