Haryana

StateCommission

A/926/2016

RAM KANWAR - Complainant(s)

Versus

PARSHVNATH DEVELOPERS LTD. - Opp.Party(s)

RAM PAL VERMA

09 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    926 of 2016

Date of Institution:  06.10.2016

Date of Decision:    09.11.2016

 

Ram Kumar son of Ramanand, resident of Village Sahjadpur, Tehsil and District Sonepat at present Shiv Colony, Devru Road, Sonepat.

Appellant-Complainant

 

Versus

 

Parsvnath Developers Limited, office at 6^th floor, Arunachal, 19, Barakhamba Road, New Delhi-110001 through its Authorized Person.

Respondent-Opposite Party.

 

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

                   Mr. B.M. Bedi, Judicial Member.

Mr. Diwan Singh Chauhan, Member.

                         

Present:     Mr. Ram Pal Verma, Advocate for the appellant.

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Ram Kumar-complainant against the order dated September 16^th, 2016 passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Forum’), whereby, complaint was allowed. Operative part of the order is reproduced as under:-

“In the case in hand, the complainant himself was also negligent, because there is nothing on record to prove that the complainant has ever approached the respondent from the year 2005 till the date of filing of the present complaint in the year 2016. No evidence in this regard has been led by the complainant. However, since the respondent has been utilizing the huge amount of the complainant, the complainant is entitled to get some sort of relief against the respondent. Thus, in the interest of justice we hereby direct the respondent to refund the deposited amount to the complainant alongwith at the rate of 09% per annum from the date of filing of the present complaint till its realization.”

2.      The complainant booked a plot with Parsvnath Developers Limited-opposite party (for short ‘Builder’). He paid Rs.5,60,000/- to the builder. The builder failed to deliver the possession of the plot to the complainant. The complainant requested the builder to refund the deposited amount but to no avail. Hence, he filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.      Dissatisfied with the order passed by the District Forum, the complainant has come up in appeal on the short ground that the interest should have been awarded from the date of deposit of last payment not from the date of filing of the complaint.            

4.      The complainant booked a plot with the builder but the builder did not deliver the possession of the plot to the complainant. The complainant deposited the last installment on December 29^th, 2005 and thereafter never contacted the builder with his grievance. The complainant did not lead any evidence to prove that he ever communicated with the builder after December, 2005.  Thus, the order passed by the District Forum in directing the Builder to refund the deposited amount to the complainant alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization is perfectly right and requires no interference. The appeal is therefore dismissed.  

                                               

November 09th  2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K