STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNION TERRITORY, CHANDIGARH
First Appeal No. | 670 of 2007 |
Date of Institution | 05.10.2007 |
Date of Decision | 09.06.2014 |
1.Sahara India Pariwar Housing Unit, Sahara India Commercial Corporation Limited, Sahara India Tower, 7, Kapoorthala Complex, Lucknow through its Managing Director.
2.Regional Manager, Sahara India Pariwar, SCO No.1110-1111, Sector 22-, Chandigarh through its Regional Manager.
3.The Branch Manager, Sahara India Pariwar, SCO No.1110-1111, Sector 22, Chandigarh.
All are represented by the Branch Manager, Sahara India Pariwar, SCO No.1110-1111, Sector 22, Chandigarh.
…..Appellants/Opposite Parties.
Versus
Shri R. K. Sharma S/o Late Sri Gyan Chand R/o House No.158/1, Sector 45-A, Chandigarh.
……Respondent/Complainant.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Navjinder Singh Sidhu, Advocate for the
PER DEV RAJ, MEMBER
“[9] …….Considering all the facts of this case, particularly that the complainant lost an opportunity of having a flat of his own and in view of the escalation of prices in the property/flat/house and the suffering undergone by him all these years due to deficient service of OPs, we allow the complaint and direct the OPs to refund Rs.1,00,000/- (One lakh) as deposited by the complainant and also to pay him compensation to the tune of Rs.5,00,000/- (Five lakh) alongwith Rs.2100/- as cost of litigation. The order shall be complied with within 30 days from the date of its receipt, failing which the decreetal amount shall carry a penal interest @9% per annum from the date of order till its realization.”
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(i) The appellants/Opposite Parties are directed to refund an amount of Rs.1,00,000/- (Rupees One Lac Only) to the respondent/complainant alongwith interest @9% per annum from the date of deposit, with a period of 30 days from the date of receipt of a certified copy of the order;
(ii) The appellants/Opposite Parties are directed to pay an amount of Rs.70,000/- to the respondent/complainant, claimed by him, as compensation for deficiency, in rendering service and causing physical harassment and mental agony to him, instead of Rs.5 Lacs awarded by the District Forum, within a period of 30 days from the date of receipt of a certified copy of the order;
(iii) The appellants/Opposite Parties, are directed to pay an amount of Rs.2,100/- to the respondent/complainant, as cost of litigation, as awarded by the District Forum, within a period of 30 days from the date of receipt of a certified copy of the order;
(iv) This order shall be complied with, by the appellants/Opposite Parties, within the stipulated period, failing which, they shall be liable to pay the amounts, mentioned in Clauses (i) and (ii), above, alongwith interest @12% p.a. from the date of default, till the date of actual payment to the respondent/complainant, besides paying the litigation costs, as aforesaid.
(v) All other directions given, and reliefs granted by the District Forum, in the impugned order, subject to the modification, aforesaid, which are contrary to, and, in variance of this order, shall stand set aside.
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Pronounced.
June 09, 2014.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
Sd/-
[PADMA PANDEY]
MEMBER
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