Haryana

StateCommission

A/860/2016

ANUP BANSAL - Complainant(s)

Versus

PRABHU SHANTI REAL ESTATE PVT.LTD. - Opp.Party(s)

AMBRISH SHARMA

24 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.860  of 2016

 Date of Institution:22.09.2016

  Date  of  Decision:24.10.2016

 

Anup Bansal S/o Sh.Suresh Chand Bansal r/o 1078/8 Gali No.3, Dayanand Nagar, Bahadurgarh, Distt. Jhajjar.

…..Appellant

Versus

 

M/s Prabhu Shanti Real Estate Pvt. Ltd., Administrative office 1214, Sector-6, Bahadurgarh,Distt. Jhajjar, Haryana through its Directors.

…..Respondent

 

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

                              Mrs.Urvashi Agnihotri, Member

                   

Present:-    Mr.Ambrish Sharma, Advocate counsel for the appellant.

 

                                                 ORDER

R.K.BISHNOI, JUDICIAL MEMBER:

           

It was alleged by complainant that on false and fraudulent representation of the Opposite Party (O.P.) that he would be allotted flat  measuring 2430 sq. feet on the first floor.  He deposited a sum of Rs.5,00,000/-, Rs.5,00,000/- Rs.6,24,037/- on 28.10.2012, 18.02.2013 and 13.07.2013 respectively, total amounting to Rs.16,24,037/- with O.P. He received demand letter of Rs. 12,48,074/- dated 25.10.2013 from the O.P.  Thereafter he requested the O.P. to refund the amount already deposited, but, O.P. cancelled allotment of flat and refunded Rs.8,39,655/- through cheque.  O.P. failed to refund the entire to him, thus there was deficiency in service on the part of O.P.

2.      O.Ps. filed reply and admitting payment of Rs.16,24,037/-.   It was alleged that draw of flats was held on 09.06.2013 and he was allotted flat at 5^th floor having area of 2400 sq. feet. Thereafter the allotment letter dated 11.06.2013 was issued.  Payment was construction linked. It rightly issued demand letter for Rs.12,48,074/- plus interest to be paid upto 15.11.2013 being the payment of 1^st floor installment, but, he failed to deposit the above-said payment.  Allotment of flat to the complainant was cancelled and amount of Rs.8,39,655/- was refunded after deducting cancellation charges as per terms and conditions. Thus there was no deficiency in service on it’s part.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Jhajjar (In short “District Forum”) came to conclusion that there was complicated question of  disputed facts which could be decided by Civil Courts  only and on this ground the complaint was disposed of vide impugned order dated 03.08.2016.

4.      Feeling aggrieved therefrom, complainant  has preferred this appeal. 

5.      Arguments heard. File perused.

6.      It is opined by this Commission in Revision Petition No.39 of 2016 titled as M/s Pareena Infrastructure Vs. Ms. Nell Acharya decided on 01.07.2016 that the matter can be remanded even without issuing notice to other party. In the present case no complicated question is involved which cannot be adjudicated upon by the District Forum.  Further in the present case the complainant has requested to refund balance amount on the ground of deficiency in service and  that O.P. is liable to pay the compensation.  No complicated question is involved therein.  More so Hon’ble Supreme Court in Dr. J.J.Merchant Vs. Shrinath Chaturvedi 2002 (3) CPJ 8 and  Hon’ble National Commission in Regency Aqua-Electro and Motelresorts Ltd. Vs. United India Insurance Company Limited & Anr. 2016  (2) CLT 96 have opined that ordinarily even if evidence is to be recorded the matter should not be remitted back and the concerned for a should decide the case on merits.

7.      As a sequel to above discussion impugned order dated 03.08.2016 is set aside and the matter is remanded back to the District forum to decide the case on merits after issuing notice to both the parties.

8.      Parties are directed to appear before the District forum, Jhajjar on 03.12.2016.

 

 

October 24th, 2016     Urvashi Agnihotri                    R.K.Bishnoi,                                                                           Member                                  Judicial Member                                                                     Addl. Bench                            Addl.Bench                

S.K.