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
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Sr. No. | Particulars | Amount deposited in Rupees |
1. | Registration amount | 1035000.00 |
2. | 1st172500.00 |
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/- |
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4. , to the tune of Rs.10 lacs, for
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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
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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.
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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
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Pronounced.
05/11/2013
Sd/-
[JUSTICE SHAM SUNDER(RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
Rg