Haryana

StateCommission

A/212/2015

SHILPA MEHTANI - Complainant(s)

Versus

TANEJA DEVELOPERS & INFRASTRUCTURE LTD. AND ANOTHER - Opp.Party(s)

G.C.SHAHPURI

28 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      212 of 2015

Date of Institution:      04.03.2015

Date of Decision :       28.10.2015

 

Shilpa Mehtani d/o Sh. Prem Narain Mehtani, Resident of C-1, Sujan Singh Park, Sonepat.

                                      Appellant-Complainant

Versus

 

Taneja Developers & Infrastructure Limited, 9 Kasturba Gandhi Marg, New Delhi through its Managing Director.

                                      Respondent-Opposite Party

 

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

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Shri G.C. Shahpuri, Advocate for appellant.

                             Shri Munish Gupta, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Parvesh s/o Sh. Rattan Lal, booked a flat admeasuring 1110 square feet with Taneja Developers & Infrastructure Limited-respondent-opposite party (hereinafter referred to as ‘the builder’) by paying Rs.3.00 lacs vide cheque No.192169 dated 21.02.2006. The total price of the flat was Rs.16,09,500/- besides other charges viz. External Development Charges (EDC), Infrastructure Development Charges (IDC),  Club Membership and car parking charges. Thereafter, the above said booking was transferred in the name of Shilpa Mehtani-complainant-appellant vide customer ID No.KFL-13758. She also paid Rs.2,50,000/- on 28.02.2007, however, the builder did not issue any receipt thereof. The provisional allotment of the flat was to be done within one year and that too in Kingsbury project but the builder failed to do so.  She filed complaint under Section 12 of the Consumer Protection Act, 1986 before District Consumer Disputes Redressal Forum, Sonepat (for short ‘the District Forum’).    

2.      The opposite party-respondent contested the complaint by filing reply. It was stated that the total price of the flat was Rs.23,56,359.46. It was denied that the booking was done in any specific project. Denying the allegation of the complaint, it was prayed that the complaint be dismissed.

3.      The District Forum accepted complaint vide its order dated February 6^th, 2015 issuing direction to the builder as under:-

“….we have no hesitation to direct the respondent to refund the deposited amount to the complainant alongwith interest at the rate of 10% per annum from the date of filing of the present complaint till realization.”

4.      Aggrieved of the order passed by the District Forum, the complainant has come up in appeal praying that she be allotted flat at the rate prevailing at the time of booking or in the alternative she be refunded the deposited amount alongwith interest from the date of deposit till its realization.

5.      It is not in dispute that the complainant booked the flat with the respondent/opposite party and has paid a total sum of Rs.7,33,072/- but the opposite party failed to allot flat within the period assured by it. The complainant sought refund of the deposited amount which the District Forum ordered, however, the interest was awarded from the date of filing of the complaint. Since the builder-opposite party has utilized the amount from the date of deposits, therefore, the complainant is entitled to interest from the date of deposit. It is ordered accordingly.

6.      The impugned order is modified to the extent indicated above and the appeal stands disposed of.

 

Announced: 28.10.2015

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL