Haryana

StateCommission

CC/3/2015

AMAN GARG - Complainant(s)

Versus

PIONEER URBAN LAND AND INFRASTRUCTURE LTD. - Opp.Party(s)

ABHINEET TANEJA

30 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,          PANCHKULA.

 

                                                Complaint No.03 of 2015

                                                       Date of Institution: 16.01.2015                  Date of Decision: 30.11.2015

 

Aman Kumar Garg S/o Sh.Lachhman Dass Garg R/o House No.1014, Sector 42-B, Chandigarh.

…..Complainant

 

Versus

 

1. M/s Pioneer Urban Land and Infrastructure Limited through its Managing Director, A-22, 3^rd Floor, Green Park, Aurbindo Marg, New Delhi.
2. Unitech Limited through its Managing Director, 6, community Centre, Saket New Delhi-110017.

IInd Address:

Unitech Limited through its Managing Director, 6, community Centre, Saket, New Delhi-110017.

          …..Opposite party

 

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

                   Mr.Urvashi Agnihotri, Member.                                      

 

For the parties:  Mr.Abhineet Taneja, Advocate counsel for the complainant.

                             None for the opposite party.

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

It is alleged by the complainant that he booked flat with the Opposite Party (O.P.) No.1 and deposited Rs.9,26,000/- as mentioned in receipt Ex.C-1. Allotment letter dated 26.12.2011 Ex.C-2 was issued.  Buyer’s agreement Ex.C-5 was executed on 13.03.2012. As per clause IV the possession was to be delivered within 24 months therefrom, but, the O.Ps. have not honoured this agreement.  He paid all the installments in time and that is why nothing was due towards him as of interest which is clear from the perusal of statement of account Ex.C-13 and Ex.C-14. He had already deposited Rs.28,51,816/- but even then possession is not delivered.  As the O.P.s have not even started construction  so he does not want to keep this flat and O.Ps. be directed to refund the amount already paid by him.

2.      Despite service none appeared on behalf of O.Ps. on 28.05.2015 and thereafter evidence of the complainant was recorded.

3.      We have heard the learned counsel for the complainant at length. File perused.

4.      It is specifically alleged by complainant in his affidavit Ex.CW-1 that despite payment of above said amount the possession has not been delivered as yet as per buyer’s agreement. The statement of the complainant has gone un-rebutted. When O.Ps. have not acted as per agreement, the complainant can ask for refund of the amount deposited by him.  Hence the complaint is allowed and O.Ps. are directed to return the amount deposited by complainant alongwith interest @ 9% per annum from the date of the deposit till realization.  The complainant is also held entitled for mental harassment of Rs.15,000/- and Rs.5500/- as litigation expenses. The complaint is allowed accordingly.

 

November 30th, 2015 Urvashi Agnihotri                               R.K.Bishnoi,                                                  Member                                                Judicial Member                                              Addl. Bench                                       Addl.Bench               

S.K.