Haryana

StateCommission

CC/311/2017

DENESH ARORA - Complainant(s)

Versus

PARSVNATH DEVELOPERS LTD. - Opp.Party(s)

VISHAL MADAAN

12 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Complaint No.       311 of 2017

Date of Institution:  16.05.2017

Date of Decision:    12.04.2018

 

 

1.      Danesh Arora son of Shri Arjun Dev,

 

2.      Rohit Arora son of Shri Danesh Arora,

 

          Both residents of Flat No.403, GH-1, Sector-20, Panchkula, now Flat No.803, Victoria Heights, Peer Muchalla, Zirakpur, SAS Nagar, Punjab.

 

…..Complainants

 

Versus

 

M/s Parsvnath Developers Limited, through Managing Director.

 

Registered Office: Parsvnath Metro Mall, Near Shahdara Metro Station, Shahdara, Delhi-110032.

 

Site Office: Parsvnath Royale, Behind Society No.105 to 111, Sector-20, Panchkula.

……Opposite Party

 

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

                  

   

 

Present:     Shri Vishal Madan, Advocate for complainant.

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

 

                            

O R D E R

 

R.K. BISHNOI, JUDICIAL MEMBER

 

          As per complainants they booked a flat in the month of December, 2010 in the project of opposite party (in short ‘OP’) known as Parsvnath Royale, Sector-20, Panckula and paid Rs.8,70,100/- by cheque dated 09.12.2010. Flat No.403, Tower-6 was allotted to them having basic sale price of Rs.56,55,000/-. Flat buyer’s agreement was executed in between them on 29.01.2011. As per Clause 10(a) of flat buyer’s agreement, possession was to be delivered within 24 months therefrom. They have already paid Rs.36,93,278/-, but, the possession is not offered as yet. So, OP be directed to refund the amount deposited by them alongwith interest and compensation as prayed for.

2.      In reply it was alleged that they were regular defaulters and did not make payment in time and that is why reminders were issued to them as mentioned in preliminary objections No.2.3. Construction was delayed due to recession in the market and there was no fault on it’s part. Possession of flats in Towers No.1 and 2 is already offered. Construction of other towers is going at full swing. Other averments were also denied and requested to dismiss complaint.

3.      Both the parties have led their evidence.

4.      Arguments heard. File perused.

5.      Learned counsel for complainants vehemently argued that they have already paid Rs.36,93,278/- to OP, but, possession was not offered as per terms and conditions of flat buyer’s agreement. So, OP be directed to refund the amount deposited by them alongwith interest.

6.      On the other hand, learned counsel for OP vehemently argued that complainants did not deposit the amount in time and that is why reminders were issued to them time and again on different dates as mentioned above. So, there was no fault on it’s part and complaint be dismissed.

7.      Neither the arguments of complainants’ counsel nor the arguments of OP’s counsel can be accepted in toto. There is no doubt that complainants did not deposit the amount as per flat buyer’s agreement (Exhibit C-2) and there is fault on their part, but, it is also clear that OP did not complete construction in time and offered possession as per agreement. When possession is not offered in time allottees can ask for refund of the amount deposited by them. Hence request of the complainants for refund of the amount is allowed, but, they cannot ask for interest or other compensation as prayed for because Hon’ble National Consumer Disputes Redressal Commission has opined in First Appeal No.06 of 2014 in Randhir Singh Vs. Omaxe Chandigarh Extension Developers (P) Ltd. decided on 27.11.2014 that when both the parties at fault complainant cannot ask for interest. As a sequel to above discussion, OP is directed to refund the amount deposited by complainants within 30 days from the date of receipt of this order failing which it will be liable to pay interest @ 7% per annum from the date of expiry of aforesaid period.   

 

Announced 12.04.2018

(Urvashi Agnihotri) Member, Addl. Bench

(R.K. Bishnoi) Judicial Member, Addl. Bench

D.R.