Chandigarh

StateCommission

CC/197/2016

Maninder Pal Singh Brar - Complainant(s)

Versus

Emaar MGF Land Limited - Opp.Party(s)

Ramandeep Singh Pandher, Adv.

05 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Complaint Case No.	:	197 of 2016
Date of Institution	:	09.05.2016
Date of Decision	:	05.08.2016

 

 

1. Maninder Pal Singh Brar s/o Ajit Singh Brar, resident of # Bx 175, Brar House, Sangrur presently at H.No.1730, 1^st floor, Sector 34-D, Chandigarh.

 

2. Ramandeep Singh Brar s/o Maninder Pal Singh Brar, resident of # Bx 175, Brar House, Sangrur through his attorney Maninder Pal Singh Brar s/o Ajit Singh Brar, resident of # Bx 175, Brar House, Sangrur present at H.No.1730, 1^st floor, Sector 34-D, Chandigarh.

……Complainants.

Versus

1. Emaar MGF Land Limited, SCO No.120-122, First Floor, Sector 17-C, Chandigarh, through its Chairman/Manager.

 

2. Emaar MGF Land Limited, Head Office ECE House, 28, K.G. Marg, New Delhi – 110001, through its Managing Director.

                                       ....Opposite Parties.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT.PADMA PANDEY, MEMBER

               

Argued by:

 

None for the complainants.

Sh. Ashim Aggarwal, Advocate for the Opposite Parties.

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

(ORAL)

 

                None appeared for the complainants on the last date of hearing. Today, when the case was called third time at the end of the entire list at 12:45 p.m., none came present to this Commission on behalf of the complainants.

2.             In such circumstances, this complaint could have been dismissed in default. However, we are not going to do so because Sh. Ashim Aggarwal, Advocate, Counsel for the Opposite Parties has made a fair offer to refund the amount with interest @10% p.a from the respective dates of deposits and it is further stated that the entire amount shall be paid in time bound manner.

3.             As per facts on record, the complainants purchased a flat from the Opposite Parties in the month of February, 2011. Buyer’s Agreement was signed on 16.06.2011. The total price of the unit was fixed at Rs.45,44,472.92Ps. The possession of the flat, in question, was to be delivered within 36 months from the date of allotment i.e. 17.05.2011. It is the case of the complainants that they continued to make payment as per payment plan and when this complaint was filed, by that time, they had deposited an amount of Rs.42,90,447/-. Despite requests made, possession was not delivered, which compelled them to come to this Commission.

4.             By filing this complaint, prayer has been made to order refund of the amount paid with interest. Further claim is for payment of compensation towards physical harassment and mental agony and also litigation charges.

5.             As per the offer made by Sh. Ashim Aggarwal, Advocate, Counsel for the Opposite Parties, we order refund of an amount of Rs.42,90,447/- with interest @10% p.a. (simple). Interest be calculated from the dates of respective deposits made, till the time, payment is made.

6.             Under the facts and circumstances of the case, we feel that the complainants will also be entitled to some compensation for facing physical harassment and mental agony. Accordingly, we allow an amount of Rs.1,00,000/- towards compensation.

7.             We are not granting any litigation expenses, as none has appeared on behalf of the complainants, to assist this Commission.

8.             Sh. Ashim Aggarwal, Advocate, Counsel for the Opposite Parties agreed to pay the entire amount i.e. principal amount plus interest plus compensation within eight weeks from today. It is made clear that if the aforesaid payment is not paid within the above said period, thereafter, it shall start fetching penal interest @13% per annum (simple) till such time, the payment is not made.

9.             According, the complaint stands disposed of in the aforesaid terms.

10.           Certified copies of this order be sent to the parties free of charge.

11.           File be consigned to the Record Room after completion.

Pronounced

August 5,  2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

MEMBER

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