Haryana

StateCommission

A/815/2016

SWADESH RANI - Complainant(s)

Versus

TDI INFRASTRUCTURE PVT.LTD. - Opp.Party(s)

NAVNEET SINGH

15 Nov 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :            815 of 2016

Date of Institution:           06.09.2016

Date of Decision :            15.11.2017

 

1.      Swadesh Rani Daughter of Sh. T.D. Madan, wife of Satish Kumar Wadhwa.

2.      Satish Kumar Wadhwa son of Uttam Chand Wadhwa, both residents of House No.439, Sector 14, Sonipat.

                                      Appellants-Complainants

Versus

 

1.      TDI Infrastructure Private Limited, registered office at 9, Kasturba Gandhi Marg, New Delhi-01, through its Managing Director.

2.      TDI Infrastructure Private Limited, (Formally in time Promoters (P), G.T. Road, Kundli, District Sonipat through its Manager.  

                                      Respondents-Opposite Parties

 

 

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

                             Shri Balbir Singh, Judicial Member.

                             Shri Diwan Singh Chauhan, Member.

                                                         

                                               

Argued By:          Shri Navneet Singh, Advocate for appellants.

Shri Puneet Tuli, Advocate for respondents.

 

                                                             O R D E R

 

NAWAB SINGH J. (ORAL)

 

          This complainants’ appeal is directed against the order dated August 04^th, 2016 passed by District Consumer Disputes Redressal Forum, Sonipat, whereby complaint was allowed. For ready reference, operative part of the order is reproduced as under:

                   “Further we have perused the final statement of account Annexure C-9 and as per this document, the booked area of unit was 951.00 Sq. feet i.e. 250 Sq. yards and final area of the unit is mentioned as 1310.09 Sq. feet i.e. 251.1600 Sq. yards. Construction rate is mentioned as 1500.00 Sq. feet. So, the increased area of the unit comes to 359 Sq. feet and after calculation of the construction rate with the increased area i.e. 359 Sq. feet (increased area) x Rs.1500/- per Sq. feet, net payable amount comes to Rs.5,38,500/- and the said amount is also payable by the complainants to the respondents. The respondents are also directed to accept the said amount from the complainants without any interest or penalty.

                   As far as handing over the possession of the villa by the respondents is concerned, it is directed to the respondents to hand over the possession of the villa to the complainants in ready to use and reside, within a period of 60 days from the date of passing of this order.”

2.      Smt. Swadesh Rani and her husband Satish Kumar Wadhwa-complainants booked a Villa with TDI Infrastructure Private Limited-opposite party (for short, ‘builder’).  Villa No.L-162, TDI City, Kundli, Sonipat measuring 250 square yards was allotted to the complainants.  Vide Villa Buyer’s Agreement (Annexure C-11) dated December 10^th, 2008, the  basic sale price of the Villa was Rs.32,50,000/- calculated at the basic rate of Rs.13000/- per square yard.   The Extra Development Charges (EDC) as  on the date of signing the agreement was quantified at the rate of Rs.1028/- per square yard amounting to Rs.2,57,000/-.  The sale consideration of the Villa was basic sale price and EDC amounting to Rs.35,07,000/-.  It was the case of the builder that the area of the Villa was more than 250 sq. yards. 

3.      The dispute herein is with regard to the exact area of the Villa. Learned counsel for the parties have urged that let this case be remanded to the District Forum after giving opportunities to the parties to get the area of the Villa demarcated by their respective representatives and the complaint be decided afresh on merits.

4.      In order to resolve the controversy involved in the matter, it is of course necessary to know the exact area of the Villa.  It can only be done after getting the demarcation of the Villa by the parties and thereafter on the basis of exact area, the calculation can be made.  Both the parties will be at liberty to get the area of the Villa demarcated from the authorized agency to clinch the issue in hand.  Accordingly, the impugned order is set aside and the case is remitted to the District Forum to decide it afresh in accordance with law.

5.      Copy of this order be sent to the District Forum.

 

 

Announced 15.11.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

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