Delhi

StateCommission

CC/12/174

SUNITA RAHEJA AND ANR. - Complainant(s)

Versus

PARSAVNATH DEVELOPERS LTD. - Opp.Party(s)

11 Mar 2015

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision :  11.03.2015

Complaint Case No.174/2012

       

 

1. Mrs. Sunita Raheja

R/o 1/9054, West Rohtas Nagar

Shahdara, New Delhi-110032

2. Mr. Mohinder Raheja

R/o 1/9054, West Rohtas Nagar

Shahdara, New Delhi-110032                ……Complainants

                                                      

VERSUS

Parsavnath Developers Limited

6^th Floor, Arunachal Building

19, Barakhamba Road

New Delhi-110001                         …..Opposite Party

 

CORAM

N P Kaushik, Member (Judicial)

S C Jain, Member

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

N P Kaushik, Member (Judicial)

Judgment

1.     The complainants Smt. Sunita Raheja and Sh. Mohinder Raheja got booked a plot of 400 sq. yds. with Parsavnath Developers (in short the OP) in one of its projects in Sonepat, Haryana. An agreement dt. 15.02.2005 was executed between the parties. The complainants paid an amount of Rs. 11,50,000/- to the OP uptil 19.01.2006. The OP wrote a letter dt. 04.01.2006 demanding an amount of Rs. 05,75,000/- from the complainants. Complainants were assured that they would be allotted residential plot shortly. The complainants deposited an amounts of Rs. 03,97,000/- and Rs. 01,78,000/- on 19.01.2016. No allotment was made. Complainants wrote a letter dt. 07.12.2010 to the OP requesting for the allotment of the plot.  The said letter was replied to by the OP vide letter dt. 19.01.2011. OP informed the complainants that the allotment of the plot may take some more time.
2.     In its written version, OP admitted that the agreement dt. 15.02.2005 was entered into between the parties on 15.02.2005. OP admitted having received the amount of Rs. 11,50,000/- from the complainants uptil 19.01.2006. OP in his defence took a plea that the allotment of the plot could not be made due to global recession that hit the Indian Economy. In response to the contention for refund of the money OP relied upon clause (f) of the agreement which reads as under:-

“(f) Though the company shall try to make an allotment but in case it fails to do so for any reason whatsoever, no claim of any nature, monetary or otherwise, would be raised by me/us except that the advance money paid by me/us shall be refunded to me/us with 10% simple interest per annum.”

3.     OP contended that as per the agreement he was required to handover the possession of the plot within a period of six months. Agreement further provides that in case of the failure of the OP to allot the plot within a period of nine months, the amount deposited was liable to be refunded along with interest @ 10% p.a.
4.     OP has not placed any material in support of his contention that there was global recession that hit the Indian Economy leading to his failure in the aforesaid allotment. The contention thus raised does not help the OP. Coming to the contention of the refund of the amount deposited along with interest, OP in its communication to the complainants never expressed his desire to refund the said amount to the complainants. Even the latest letter dt. 19.01.2011 written by the OP to the complainants assures the complainants of the allotment of the plot.
5.     The complainants admittedly had deposited the amount of Rs. 11,50,000/- with the OP uptil 19.01.2006. Even after a span of ten years, no allotment of plot has been made by the OP. There is no dispute with the proposition that the prices of the real estate have been gone high. Costs of the construction too have gone high. Dream of the complainants of having their own home is shattered. We are, therefore, direct the OP to pay to the complainants as under:-

1. to refund an amount of Rs. 11,50,000/- along with interest @ 18% from the date of deposit till the date of its realisation.
2. to pay to the complainants compensation to the tune of Rs. 5 Lacs for harassment, mental agony, inconvenience, trauma, anger frustration and anguish.
3. to pay to the complainants litigation charges to the tune of Rs. 1 Lac.

The abovesaid payment shall be made to the complainants within a period of sixty days from the receipt of these orders failing which the OP shall be liable to pay interest @ 24% p.a. on the amount accruing after the expiry of period of sixty days.

6.        Complaint is accordingly allowed.
7.        File be consigned to Records.