Delhi

New Delhi

CC/580/2014

PUNEET KUMAR MITTAL - Complainant(s)

Versus

Parsvnath Developers - Opp.Party(s)

30 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/580/14                       Dated:

In the matter of:

1. SH PUNEET UMAR MITTAL

S/O SHRI GAURI KUMAR

R/O H.NO.785, SECTOR-11

VASUNDHARA, GHAZIABAD, UP-201012

NEW DELHI-110027

                 ……..COMPLAINANT

 

VERSUS

 

1. M/S.PARSVNATH DEVELOPERS LTD.

        THROUGH ITS DIRECTORS

        REGISTERED OFFICAT A 6^TH FLOOR,

        ARUNCHAL BUILDING,

        19, BARAKHAMBA ROAD,

        NEW DELHI-110001

 

2. PARSVNATH METRO TOWER

        NEAR SHAHADARA METRO STATION,

        SHAHADARA, DELHI-110032

………. OPPOSITE PARTY

 

ORDER (ORAL)

 Date of Arguments: 30.07.2015

President: C.K CHATURVEDI

Present: Parties.

        We have heard both the parties. The pleadings in the case are complete. On the plea of Complainant for refund of deposited money, with interest, OP was on 25.03.15, was asked to take instructions for refund of money with 9% interest, till payment.

        The OP is unable to take these instructions, despite sufficient time given. The Counsel for OP has pleaded recession etc. as reason for delay in completion of project or for payment.

        On facts, we find that complainant booked a plot of 172 sq. yds. in Indoor project of OP in 2007. The plot buyer agreement indicated delivery till 2009. The complainant made 95% payment as per schedule due to delay in sanction, which come in 2010, and two scheme A & B, were completed and scheme C of complainant is taking time to develop, and there is no breach of any condition in the agreement.

Keeping in view, the liquidity Crunch and recession is Realty sector, all well known, we are of the view that OP should start giving sum for delay @ Rs.10 per sq.yds from the date of filing this complaint and till the deposited money with interest of 9% with interest adjusted. In case, the project develops in the mean time, the payment made will be counted towards delay penalty at the time of final accounting, otherwise, the OP will continue paying the delay penalty till entire deposit from 2007, is returned with interest 9%. The OP is directed to start making payment from date of complaint in the first initial.

        The payment be made within 30 days of the receipt of the copy of the order; otherwise action will be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

        Pronounced in open Court on 30.07.2015

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER