Rajasthan

StateCommission

CC/81/2019

Smt. Kamlesh Sharma w/o Rakesh Sharma - Complainant(s)

Versus

V.N.Buildtech Private Limited - Opp.Party(s)

Vizzy Agarwal

19 Jan 2021

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

COMPLAINT CASE NO:81/2019

 

Smt.Kamlesh Sharma w/o Sh.Rakesh Sharma

Mr.Manish Sharma s/o Sh.Rakesh Sharma Both r/o 81/73 Sector 8, Patel Marg, Mansarovar, Jaipur.

Vs.

V.N.Buildtech Private Ltd. Regd.office: 20,21 & 22 2^nd Floor, Silver Square Mall, C-18 Bhagwan Das Road, C-Scheme, Jaipur.

 

Date of Order 19.01.2021

 

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mr.Ramphool Gurjar -Member

 

Mr.Vizzy Agarwal counsel for the complainant

Mr.Rajesh Mootha counsel for the non-complainant through V.C.

 

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BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI LAL SHARMA, PRESIDENT ):

 

This complaint u/s 17 1 a (i) of the C.P.Act,1986 is filed by the petitioners/complainants Kamlesh Sharma and Manish Sharma against non-complainants/ respondents V.N.Buildtech Pvt.Ltd. wherein it is stated that complainants entered into an agreement with the respondents for purchasing a flat in respondent's project named ''Exclusive-444'' at Jagatpura (village Shri Krishanpura, Tehsil Sanganer) Jaipur. The cost of the flat was agreed between the parties for Rs.51,99,000/-. According to Agreement to Sell the petitioners/ complainants have paid Rs.5,28,660/- as booking amount to the respondent seller as under:

Date	Cheque No.	Bank	Amount
06/02/16	111934	ICICI Bank	1,01,000/-
12/02/16	000073	HDFC Bank	4,27,660/-

 

In pursuance of agreement the petitioners have made Rs. 35,20,484/- by 2^nd May 2017. The petitioners have stated that for making the aforesaid payment they took loan from HDFC Bank with interest @ 12% p.a. amounting to

 

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Rs.27,31,824/- and rest of the amount was paid by the petitioners from their own.

 

According to purchase agreement it was decided that the flat was to be handed over to the petitioners by 31^st March 2018 including grace period of six months but till date they failed to handover the possession and the project has not been completed yet. Therefore, petitioners tried to contact with respondent company's officials but no responsible person was available on site, therefore, they filed this complaint.

 

Mr.Vizzy Agarwal counsel appearing on behalf of the complainants submits that since the respondents have failed to complete the project, therefore, petition may be allowed and the amount of Rs. 35,20,484/- which was paid to the respondents may be awarded in favour of the petitioners with interest @ 12% p.a. and Rs. 10 lakhs may be awarded as compensation with Rs. 2 lakhs as counsel's fee and Rs.25,000/- towards litigation expenses.

 

Notice of the complaint was issued to the respondents. They filed written reply to the complaint wherein they

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admitted the price of the appartment/flat in project named “Exclusive-444” and also admitted the amount which was paid by the petitioners but stated that respondents could not complete the project because of consuming time in getting no objection certificate from government agencies and because of this the construction work started late. Such delay was beyond the scope and control of the non-complainants. Therefore, they are not liable for committing any delay in completion of the project. The another reason for delay was given that Hon'ble Supreme Court had restrained to the bajari supply and because of that delay was also made. Accordingly, the non-complainants have not committed any deficiency in service or unfair trade practice. Lastly it is prayed that complaint may be dismissed with costs.

 

During hearing learned counsel appearing on behalf of the complainants reiterated the facts mentioned in the complaint and submits that amount which was paid by the complainants to the non-complainants may be awarded in favour of the petitioners with interest as penalty and compensation may be awarded in their favour because the non-complainants failed to complete the project till date.

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Mr.Rajesh Mootha counsel for the non-complainants admitted on whats app that there is no dispute in entering into agreement between the parties and it is also not disputed that non-complainants received Rs. 35,20,484/-. He submits that due to unavoidable circumstances the project could not be completed, therefore, reasonable order may be passed.

 

Heard.

 

Since it is not disputed that petitioners entered in to an agreement for purchase of appartment/flat in the project launched by non-complainants named “Exclusive-444” and for which upto 2^nd May 2017 they have paid Rs. 35,20,484/- to the non-complainants which has not been returned by them till date neither they completed the project and handed over the possession of the flat and even it was not asked by the non-complainants for the balance payment. Accordingly they failed to comply the conditions of the agreement. Therefore, the non-complainants are liable to return the aforesaid amount with interest @ 9% p.a. Apart from aforesaid amount complainants are also entitled to receive compensation for mental agony to the tune of Rs. 1 lakh plus litigation expenses

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including advocate's fee Rs.1 lakh. The non-complainants are also directed to make the aforesaid payment within three months from today failing which the rate of interest will be charged @ 12% p.a. from after three months.

 

Accordingly, this complaint is allowed.

 

(R.P.Gurjar) (Banwari Lal Sharma)

Member President

 

 

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