STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Ms.Mahima Sharma w/o Sh. Nitin Sharma, through Special Attorney Sh. R.N. Sharma s/o Shri Rulia Ram Sharma, R/o House No.1116, Sector 21B, Chandigarh.

……Appellant/complainant

V e r s u s

Emaar MGF Land Limited, having its Corporate Office at ECE House, 1st Floor, Kasturba Gandhi Marg, New Delhi- 110 001.

2nd Address:-

Emaar MGF Land Limited, SCO 120-122, First Floor, Sector 17-C, Chandigarh.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

               order dated 03.03.2014, rendered by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter to be called as the District Forum only) vide which, it dismissed the complaint, filed by the complainant

2.            It was further stated that, as per Clause 18 of the Independent Floors Buyer`s Agreement dated 14.10.2009, time was the essence of contract. According to the complainant, as per Clause 20 of the said Agreement, the possession of unit, in question, was to be delivered, within a period of 36 months, from the date of signing the same (Agreement), but the Opposite Party failed to do so. It was further stated that when the complainant was satisfied that the Opposite Party was not in a position to handover the possession of unit, in question, within the specified period, as promised in the said Agreement, she sought refund of the entire amount, deposited by her, vide letter dated 18.08.2012, Annexure C-5. On 29.08.2012, the Opposite Party wrote to the complainant that construction of the unit would start, in the forthcoming phases, whereas, development of the project, in the other areas, was going on, and that she could choose relocation option, in its other project, namely “The Views”, which was near completion. The complainant vide letter dated 13.09.2012 Annexure C-7, informed the Opposite Party that she was not interested in relocation, and reiterated that her entire deposited amount, be refunded, as it had not adhered to the stipulated date, for handing over the possession of unit, in question.

3.           , seeking interest, at the market rate, on the entire deposited amount, which had been refunded to her. It was further stated that, as per Clause 19 of the Independent Floors Buyer`s Agreement dated 14.10.2009, the complainant was required to make payments, towards the said unit, as per the payment schedule attached with it (Agreement), failing which the Opposite Party was entitled to charge interest @24% p.a., compounded quarterly, at the time of every succeeding installment, from the due date thereof. It was further stated that since default had been committed by the Opposite Party, as per Clause 19 of the Agreement, the complainant was also entitled to interest, on the entire deposited amount, @24% p.a., compounded quarterly, which worked out to be Rs.9,97,068/-. It was further stated that frantic efforts were made by the complainant, by requesting the Opposite Party, to pay interest aforesaid, but to no avail. It was further stated that the aforesaid acts of the Opposite Party, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, directing the Opposite Party, to pay the amount of Rs.9,97,068/-, i.e. the amount of interest calculated @24% p.a., compounded quarterly; compensation, to the tune of Rs.2 lacs, for mental agony and physical harassment; and cost of litigation, to the tune of Rs.25,000/-.

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11.        ^{the National Consumer Disputes Redressal Commission, New Delhi, held that if the complainant had accepted the amount, without raising any protest or demur, he could not claim interest etc. later on. It was further held by the} 

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Pronounced.

17/04/2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Sd/-

(PADMA PANDEY)

Rg