Haryana

StateCommission

CC/128/2016

PREM JINDAL - Complainant(s)

Versus

PARSHVNATH DEVELOPERS LTD. - Opp.Party(s)

VISHAL MADAAN

02 Nov 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                             Consumer Complaint No.     128 of 2016

                                      Date of Institution                  18.05.2016

                                       Date of Decision                             02.11.2017

 

 

 

 

 

 

 

 

1.      Prem Jindal son of Sh. Kant Kumar

2.      Mrs. Geeta Jindal wife of Sh. Prem Jindal

          Both residents of #119, Preet Vihar, MEHS Gate, Nabha, Punjab now resides at House No.152, Sector 8, Panchkula.

                                      Complainants

Versus

 

M/s Parsvnath Developers Limited through Managing Director

Registered Office: 6^th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi -110001.

 

Site Office: Parsvnath Royale, Sector 20, Panchkula through its Manager.

Opposite Party

 

 

 

 

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

                             Shri Balbir Singh, Judicial Member.

                             Shri Diwan Singh Chauhan, Member.                                                                                                                           

 

Argued by:          Shri Vishal Madan, Advocate for the complainants.

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

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

          The present complaint under Section 17 of the Consumer Protection Act, 1986 (for short, ‘Consumer Act’) has been filed by Prem Jindal and his wife Mrs. Geeta Jindal-complainants averring that on October 27^th, 2010 they booked a flat No.T8-103, First Floor, Parsvnath Royale, Sector 20, Panchkula with Parsvnath Developers Limited-opposite party (for short, ‘Developer’).  The basic price of the flat was Rs.56,55,000/-.   Flat Buyer Agreement dated March 04^th, 2011 (Exhibit C-2) was executed between the complainants and the developer.  As per Clause 10(a) of the agreement, the construction of the flat was to be completed within a period of thirty six months. The complainants paid Rs.37,79,138/- to the developer. The complainants made repeated requests to the developer to handover the possession but to no avail.  The complainants prayed that the developer be directed to refund the deposited amount, that is, Rs.37,79,138/- alongwith interest at the rate of 12% per annum; to pay rent Rs.10,00,000/- on account of harassment and Rs.35,000/- litigation expenses.

2.      Developer, in its written version, pleaded that earlier the complainants filed complaint No.100 of 2014 before this Commission seeking refund of the deposited amount alongwith interest and compensation.  The complainants and the developer entered into Memorandum of Settlement and the complaint was dismissed as withdrawn vide order dated August 25^th, 2015.  As per the said Memorandum of Settlement, Flat No.T1-201 was offered to the complainants but the possession could not be delivered to them.  The delay in completion of the project was beyond it’s control.  The overall recession and financial problems, which were not foreseen, contributed to the delay in the completion of the project.  Denying the remaining contents of the complaint, it was prayed for dismissal of the complaint.  

3.      The complainants in their evidence examined Prem Jindal- complainant as CW1 and produced the following documents:-

1.	Booking receipt dated 27.10.2010	Exhibit C-1
2.	Buyers Agreement	Exhibit C-2
3.	Payment receipt dated 24.02.11	Exhibit C-3
4.	Payment receipt dated 07.11.11	Exhibit C-4
5.	Payment receipt dated 28.05.12	Exhibit C-5
6.	Payment receipt dated 08.08.12	Exhibit C-6
7.	Payment receipt dated 01.04.13	Exhibit C-7
8.	Memorandum of settlement	Exhibit C-8
9.	Order dated 25.08.15	Exhibit C-9
10.	Rent Agreement	Exhibit C-10

 

4.      The developer has examined Yudh Vir Arora as OPW1 and produced the following documents:-

1.	Resolution dated May 12th, 2015 passed by the Management Committee	Exhibit OP-1
2.	Application Form dated August 29th, 2010	Exhibit OP-2
3.	Customer Ledger issued by Parsvnath Developers Limited	Exhibit OP-3

 

 

5.      The complainants had applied for flat with the developer.  Flat Buyer Agreement (Exhibit C-2) was executed between the parties on March 04^th, 2011. Flat No.T8-103, 1^st Floor, Parsvnath Royale, Sector 20, Panchkula was allotted to the complainants. The complainants paid Rs.37,79,138/- to the developer.  As per agreement (Exhibit C-2), the construction of the flat was to be completed within a period of thirty six months but the developer failed to do so and it was certainly a case of deficiency in service.  The developer did not give any plausible reply in not handing over the possession of the flat within the stipulated period to the complainants. The developer itself admitted that the delay was caused due to recession.  The Developer is trying to feather its own nest, that is, to make profit, for itself, at the cost of others. It will be travesty if the complainants are made to suffer for the deliberate, inaction and negligence of the Developer.  

6.      In view of above, the complaint is allowed. Parsvnath Developers Limited-developer is directed to pay Rs.37,79,138/- (Rupees Thirty Seven Lac Seventy Nine Thousand One Hundred Thirty Eight Only) 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 developer 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 developer 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 02.11.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK