Chandigarh

StateCommission

CC/55/2013

SAh. Sunil Kumar Ravnlyar - Complainant(s)

Versus

Emaar MGF land Pvt.Ltd. - Opp.Party(s)

Sh. Rakesh Bajaj, Adv.

05 Nov 2013

ORDER

 
Complaint Case No. CC/55/2013
 
1. SAh. Sunil Kumar Ravnlyar
Noida
...........Complainant(s)
Versus
1. Emaar MGF land Pvt.Ltd.
SCO 120-122, Sector-17-C, Chandigarh through its Managing Director
2. Emaar MGF land Pvt. Ltd.
ECE House, #28, Kasturba Gandhi Marg, New Delhi through its Director
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHAM SUNDER PRESIDENT
 HON'ABLE MR. DEV RAJ MEMBER
 
PRESENT:
 
ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T.,CHANDIGARH

                                                                 

Complaint case No.

:

55 of 2013

Date of Institution

:

12.08.2013

Date of Decision

:

05/11/2013

 

Sh. Sunil Kumar Ravnlyar son of Sh. S.C. Prasad, resident of #C-465, BETA-I, Greater Noida.

……Complainant

V e r s u s

1.Emaar MGF Land Pvt. Ltd., SCO 120-122, Sector 17-C,Chandigarh, through its Managing Director.

2.Emaar MGF Land Pvt. Ltd., ECE House, # 28 Kasturba Gandhi Marg,New Delhi, through its Director.

 

             

 

Complaint under Section 17 of the Consumer Protection Act, 1986.

 

BEFORE:JUSTICE SHAM SUNDER (RETD.), PRESIDENT

                  

           

Argued by:Sh. Subhash Chander, Advocate for the complainant.

                         

 

PER 

              

2.          

Sr. No.

Particulars

Amount deposited in Rupees

1. 

Registration amount

1035000.00

2. 

1st

172500.00

3. 

2nd

172500.00

4. 

3rd

345000.00

5. 

4th 

345000.00

6. 

5th

345000.00

7. 

6th 

429552.00

8. 

7th 

429552.00

9. 

8th 

172500.00

10.   

Delayed interest

75000.00

 

Total

35,21,604/-

 

3.           

4.          , to the tune of Rs.10 lacs, for

5.          

6.          

7.           

8.           

9.           

10.       Gorakhpur, U.P.”. On the other hand, in theGorakhpur, U.P. Under these circumstances, the question of the said letter, having reached the complainant, did not at all arise. If a letter is sent at the wrong address of the addressee, then it could not be presumed that 

11.       

12.       13.       Haryana Urban Development Authority Vs. Diwan Singh,

14.       , the appellant offered possession to the re-allottees, and they took possession of their plots on 13.09.1996, 21.03.2000 and 27.06.2002, respectively. They approached the District Forum, in the year 1997, within a short period, from the dates of re-allotment of plots, in their favour. They had not paid the full price, when they approached the District Forum. In these circumstances, it was held that payment of interest was neither warranted nor justified. In15.       

16.        

17.       For the reasons recorded above, the complaint is partly accepted, with cost, in the following manner:-

                                The Opposite Parties are directed to refund the amount ofRs.35,21,604/-, to the complainant, alongwith interest @ 12% per annum, from the respective dates of deposits, vide receipts, referred to above, till realization, within 45 days, from the date of receipt of a certified copy of this order.

                              The Opposite Parties are further directed to pay compensation, in the sum of Rs.1.5 lacs, for causing mental agony and harassment, to the complainant, and for escalation in prices of the property, within 45 days, from the date of receipt of a certified copy of this order.

                             The Opposite Parties are further directed to pay cost of litigation, to the tune of Rs.10,000/-, to the complainant.

                       In case the payment of amounts, mentioned in Clauses (i) and (ii), is not made, within the stipulated period, then the Opposite Parties shall be liable to pay the amount mentioned in Clause (i) with interest @15% P.A., instead of 12% P.A., from the respective dates of deposits, till realization, and interest @15% P.A., on the 

18.       

19.       

Pronounced.

05/11/2013

Sd/-

 [JUSTICE SHAM SUNDER(RETD.)]

PRESIDENT

 

 

Sd/-

 [DEV RAJ]

MEMBER

Rg

 

 
 
[HON'BLE MR. JUSTICE SHAM SUNDER]
PRESIDENT
 
[HON'ABLE MR. DEV RAJ]
MEMBER

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