Case No. 30/2023   

IN THE MATTER OF

Rajeev Sharma  S/o Shiv Prakash Sharma age about 56 years R/oMS-15 ADA Colony, Avantika phase-1 Ramghat Road, Aligarh

                                                                                      V/s

Parsnath Developers Ltd. Through its authorized Signatory Regd. Office 6^th Floor, Araunanchal, 19, Bara Khamba Road New Delhi 110001

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The Op be directed to deliver possession of flat T19-1001 at Parsvnath privilege Greater Noida UP within a month on payment of balance sale consideration Rs. 321687/ at the time of execution of the sale deed or refund Rs.10lakh with interest @18% per annum from   the 23.02.2007 till the date of actual payment.
2. The Op be directed to pay Rs.5 Lakh for compensation.
3. The Op be directed to pay Rs.25000/ for litigation expenses.

2. Complainant stated that he had booked a residential three bed room flat at residential project of the OP. Complainant was allotted a residential  flat no. T2-402 at Parsvnath privilege Greater Noida UP   vide allotment letter dated 23.02.2007 annexure 1. Complainant had paid booking amount RS.10 Lakh. OP promised at the time of booking flat to hand over possession of flat within 3 years from date of allotment. OP raised undue demand for payment of balance sale consideration without making any progress in the construction of the flat and therefore complainant sent letters dated 19.8.2008 and 10.10.2008 to refund the money RS.10 lakh but the OP allotted another flat T 19-1001 instead of refunding the money. OP entered into fresh contract with the complainant by making allotment of another flat on 28.6.2017 and a new contract arrived at between the parties with effect from 28.6.2017. Op was under obligation to execute the buyer agreement on the basis of pre allocation of the flat and to deliver possession of the flat within 3 years from the date of entering into fresh contract on 28.6.2017. Complainant found that there was no progress in completion of construction of the flat. Therefore complainant sent a legal notice dated 26.9.2017 to the Op to refund the advance money RS.10 Lakh. Complainant is entitled  to get the advance money RS 10 Lakh refunded with interest 18% per annum from 23.02.2007 till the date of payment and Rs 500000/ as compensation for harassment with litigation expenses Rs.25000/.    
3. OP did not contest the case despite of sufficient service and the case was proceeded ex parte. 
4.  Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant.
6. Complainant has filed allotment letter dated 23.02.2007 payment receipt amount Rs. 10 Lakh and reallocation of the another flat letter vide dated 28.06.2017 and legal notice 26.09.2017 in support of his pleadings which are unrebutted. Thus the complainant’s case stands proved and the complainant is entitled to the reliefs claimed. 
7. We hereby direct the OP to deliver possession of the re allotted  flat no T19-1001 at Parsvnath privilege Greater Noida UP within a month on payment of balance sale consideration Rs.321687/ at the time of execution of the sale deed and on failure OP is directed to refund Rs.10 Lakh with interest 18% per annum from 23.02.2007 till the date of actual payment. OP is also directed to pay Rs. 200000/ as compensation for harassment and Rs. 25000/ as litigation expenses.
8. Op shall comply with the direction within 45 days failing which  shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.