Haryana

StateCommission

A/604/2015

ISH KUMAR - Complainant(s)

Versus

T.D.I.CITY - Opp.Party(s)

KIRAN KUMAR

08 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      604 of 2015

Date of Institution:      16.07.2015

Date of Decision :       08.12.2015

 

Ish Kumar s/o Sh. Madan Lal, Resident of House No.75A, Gali Ram Bagh, Fatehabad (Haryana)

                                      Appellant/Complainant

Versus

 

1.      T.D.I. City, G.T. Road, Kundli, through its Manager.

2.      T.D.I. Infrastructure Private Limited, Vandna Building, 11 Tolstoy Marg, Connaught Place, New Delhi-110001 through its Managing Director.

                                      Respondents/Opposite Parties

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Kiran Kumar, Advocate for appellant.

                             Shri Munish Gupta, Advocate for respondents.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This complainant’s appeal is directed against the order dated 17^th May, 2015, passed by District Consumer Disputes Redressal Forum, Sonipat (for short ‘the District Forum’) for enhancement of compensation.  

2.      Ish Kumar-Complainant/appellant, booked a flat with T.D.I. Infrastructure Private Limited (hereinafter referred to as ‘the builder’)-Opposite Parties, on August 22^nd, 2009, vide application Exhibit C-2. He was allotted Flat No.M-120/GF by letter dated 18^th August, 2010 (Exhibit C-4).  The builder did not start construction. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed.

3.      The builder offered possession of alternative flat in other project to which the complainant did not agree and demanded the amount deposited by him alongwith interest and compensation.

4.      Vide impugned order, the District Forum directed the builder to pay the deposited amount to the complainant alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realisation and Rs.10,000/- compensation for deficiency in service etcetera.

5.      The solitary submission of the learned counsel for the appellant-complainant is that the interest should have been awarded from the date the amount was deposited and not from the date of filing of the complaint.

6.      In K.A. Nagamani Vs. Karnataka Housing Board, Civil Appeal Nos.6730-31 of 2012, decided on 19.09.2012, Hon’ble Supreme Court directed the builder to pay interest from the date of deposit till the date of realization.

7.      Above being the factual and legal position, the builder shall pay the amount deposited vide receipts Exhibit C-5 to C-8 alongwith interest at the rate of 9% per annum from the date of its respective deposits till the date of realization to the complainant.  

8.      The impugned order is modified in the manner indicated above and the appeal stands disposed of accordingly.  

 

Announced 08.12.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL