NCDRC

NCDRC

RP/2091/2010

KIRTI CHANDRA KANUNGO - Complainant(s)

Versus

SAHARA CITY HOMES MARKETING & SALES CORPORATIONS & SAHARA INDIA PARIWAR & ORS. - Opp.Party(s)

IN PERSON

12 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2091 OF 2010
 
(Against the Order dated 05/05/2010 in Appeal No. 954/2009 of the State Commission Orissa)
1. KIRTI CHANDRA KANUNGO
Residing at New L.I.C. Colony, Plot No. 572, House No. C02/2, Badambadi
Cuttack - 753012
Orissa
...........Petitioner(s)
Versus 
1. SAHARA CITY HOMES MARKETING & SALES CORPORATIONS & SAHARA INDIA PARIWAR & ORS.
Sahara City Home, Marketing & Sales Corporation Bajrakabati (B.K.), Road
Cuttack - 753012
Orissa
2. BRANCH MANAGER, SAHARA INDIA PARIWAR
Sahara City Homes, Marketing & Sales Corporation Mehrouli Branch, House No. 1088/C-1, Ward No. 1, Mehrauli
Delhi - 110030
Delhi
3. SAHARA CITY HOMES MARKETING & SALES CORPORATION AND SAHARA INDIA PARIWAR
Through Chairman/Chief Executieve Officer, Sahara City Homes Marketing & Sales Corporation Sahara India Bhawan, Kapurthala Complex
Lucknow - 226024
Uttar Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
NEMO
For the Respondent :
Mr. Gunjan Kumar, Advocate

Dated : 12 Jul 2011
ORDER

No one appears for the revisionist-petitioner today.   After hearing him on the first ever date of hearing, we had issued a limited notice to the opposite party-builder as to whether in the given facts and circumstances of the case, viz. that the project envisaged by the opposite party that could not even take off, the award of interest @6% per annum on the amount paid by the complainant, was justified.  It is not disputed that one of the stipulations contained in the letter of allotment/sale agreement, was that in case of default in making timely payment of the remaining instalments, the purchaser would be liable to pay interest @18% per annum for the defaulted period.  We see no reason why in this case when as per the opposite party-builder the envisaged project could not take   off,   the   interest

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should not be awarded to the complainant on the said rate.  In our view, the fora below have gravely erred in restricting the rate of interest at 6%, which cannot be said to be an adequate compensation to buyer of the tenement placed in such a situation. 

We are, therefore, of the opinion that the order passed by the fora below should be modified to the extent that the opposite party is directed to refund the deposited amount of Rs.90,800/- alongwith interest @18% per annum w.e.f. the date of deposit till its payment.  The payment shall be made to the complainant-petitioner within a period of four weeks by means of a demand draft. 

The revision petition is disposed of accordingly.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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