Haryana

StateCommission

CC/142/2016

ANIL DHAWAN - Complainant(s)

Versus

VINOD BAGAI - Opp.Party(s)

IN PERSON

13 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

 

                                      Complaint No.              142 of 2016

                                      Date of the Institution:  25.05.2016

                                      Date of Decision:         13.01.2017

 

 

1.      Anil Dhawan son of Sh. Subhash Chander Dhawan, resident of 2961, Whispering Oaks, Dr. Buffalo Grove IL, 60089, USA presently residing at House No.658, Sector 4, Panchkula.

 

2.      Subhash Chander Dhawan son of Shri Ram Chand Dhawan, resident of House No.658, Sector 4, Panchkula.

…..Complainants

 

 

VERSUS

 

 

Sh. Vinod Bagai son of Sh. Nandlal, resident of House No.87, Sector 7, Panchkula, Managing Director, M/s Samar Estate Private Limited, Ess Vee Apartments, Sector 20, Panchkula.

….. Opposite Party

 

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                  

 

Present:-    Sh. Subhash Chander Dhawan- complainant in person with Sh. A.K. Chandok, Advocate.

                   Sh. Munish Kapila, Advocate for the opposite party.

 

                                                O R D E R

 

NAWAB SINGH J, (ORAL)

 

          Anil Dhawan – complainant No.1 and his father Subhash Chander Dhawan-complainant No.2 booked an apartment bearing No.J-301, Type 3, Bedroom, Tower No.J, 3^rd Floor, measuring 1725 sq. ft. with Samar Estates Private Limited-opposite party (for short, ‘builder’) vide Apartment Buyers Agreement dated March 08^th, 2011.  The builder was to complete the construction within thirty six months from the date of commencement of construction.  The construction has not been completed within the stipulated time.  The complainants paid Rs.26,07,500/- to the builder.  The complainants filed complaint No.39 of 2015 before this Commission.   On November 19^th, 2015 Sh. Vinod Bagai, Managing Director of Samar Estates Private Limited made the following statement:-

          “I on behalf of M/s Samar Estate Private Limited undertake to pay an amount of Rs.26,07,500/- deposited by Subhash Dhawan and Anil Dhawan alongwith interest at the rate of 9% per annum from the date of deposit to the complainants on or before 19^th May, 2016.  The payment shall be made through demand drafts.”

 

In view of the aforesaid statement, the complaint was disposed of by this Commission vide order dated November 19^th, 2015, which is reproduced as under:-    

          “1.     Sh. Vinod Bagai, Managing Director of M/s Samar Estate Private Limited-opposite parties vide his separate statement (Annexure A-1) undertook to pay an amount of Rs.26,07,500/- deposited by Subhash Chander Dhawan and Anil Dhawan-complainants alongwith interest at the rate of 9% per annum from the date of deposit to the complainants on or before 19^th May, 2016.  The payment shall be made through demand drafts.

          2.      In face of it, Subhash Chander Dhawan-complainant has also made a statement (Annexure A-2) that since Samar Estate is ready to pay the amount of Rs.26,07,500/- alongwith interest at the rate of 9% per annum, the complaint be dismissed as withdrawn.

          3.      In view of the statements, complaint is hereby dismissed as withdrawn.  The opposite parties shall be bound by the statement and in case of violation of the promise made, the complainants shall have the right to file fresh complaint.”

 

2.      Sh. Vinod Bagai, Managing Director of M/s Samar Estate Private Limited violated his promise made on November 19^th, 2015.  Thus the complainants filed present complaint seeking refund of their deposited amount alongwith interest and other expenses.

3.      Builder, in its reply, resisted the complaint on various grounds, including its maintainability. It is pleaded that the complainants were defaulters in making the payment in time; the construction of Tower J was started on June, 15^th, 2011 and the overall recession and financial problems, which were not foreseen, contributed to the delay in the completion of the project.  

4.      The complainant Subhash Chander Dhawan in his evidence appeared as CW1 and produced following the documents:-

1.	Price List of Apartment	Exhibit C-1
2.	Application Form	Exhibit C-2
3.	Apartment Buyers Agreement	Exhibit C-3
4.	Letter dated September 01st, 2011	Exhibit C-4
5.	Letter dated September 08th, 2011	Exhibit C-5
6.	Letter dated September 13th, 2011	Exhibit C-6
7.	Letter dated July 12th, 2014	Exhibit C-7
8.	Copy of order dated November 19th, 2015	Exhibit C-8

 

5.      The builder, examined Vinod Bagai-OPW1, Managing Director and produced the following documents

1.	Resolution	Exhibit OP-1
2.	Photographs	Exhibit OP-2
3.	Statement of Account	Exhibit OP-3
4.	Chartered Accountant’s Certificate	Exhibit OP-4
5.	Letter dated September 01st, 2011	Exhibit OP-5
6.	Letter dated February 01st, 2012	Exhibit OP-6
7.	Letter dated August 01st, 2012	Exhibit OP-7
8.	Letter dated November 05th, 2012	Exhibit OP-8
9	Letter dated March 05th, 2013	Exhibit OP-9
10.	Letter dated July 06th, 2013	Exhibit OP-10
11.	Letter dated October 19th, 2013	Exhibit OP-11
12.	Letter dated February 26th, 2014	Exhibit OP-12
13.	Letter dated July 09th, 2014	Exhibit OP-13
14.	Letter dated June 27th, 2016	Exhibit OP-14

 

6.      It is not in dispute that the complainants had booked an apartment with the builder.  Apartment Buyers Agreement (Exhibit C-3) was executed between the parties on March 08^th, 2011. The complainants paid Rs.26,07,500/- to the builder. As per agreement, the possession of the flat was to be given within thirty six months from the date of commencement of the construction, that is, on or before June 15^th, 2014 but the builder failed to do so and it was certainly a case of deficiency in service.  The builder did not give any plausible reply in not handing over the possession of the flat within the stipulated period to the complainants. Moreover, on November 19^th, 2015 Sh. Vinod Bagai, Managing Director of Samar Estates Private Limited undertook to pay the deposited amount of Rs.26,07,500/- to the complainants alongwith interest at the rate of 9% per annum from the date of deposit which he did not. 

7.      In view of above, the complaint is allowed. M/s Samar Estates Private Limited-builder is directed to pay Rs.26,07,500/- (Rupees Twenty Six Lakh Seven Thousand and Five Hundred Only) to the complainants, alongwith interest at the rate of 12% per annum from the date of its respective deposits till the date of realization; Rs.25,000/- as compensation for rendering deficient services and Rs.10,000/- towards litigation expenses. The entire amount be paid by the builder within a period of 45 days, from the date of receipt of the order, otherwise, it will carry interest at the rate of 18% per annum, till realization and it calls for pointed notice that under Section 27 of the Act, if the builder fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with both.          

 

 

Announced 13.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

(U.K)