Haryana

StateCommission

CC/522/2017

SHAKUNTLA DEVI - Complainant(s)

Versus

KASHI PROMOTERS PVT. - Opp.Party(s)

DEEPAK AGGARWAL

16 Feb 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Instituion:29.08.2017

                Date of final hearing:16.02.2023

                                                 Date of pronouncement:16.02.2023

 

Consumer Complaint No.522 of 2017

 

IN THE MATTER OF

 

Mrs. Shakuntla Devi wife of Sh. Charan Singh, resident of House No.1182, Arban State, Jind-126102.

 

                                                                                      .….Complainant

 

Through counsel Mr. Deepak Aggarwal, Advocate

 

Versus

 

 

M/s Kashi Promoters Pvt. Ltd., registered office at A-348, Meera Bagh, Main Outer Ring Road, New Delhi-110087 India, through its Director.

2^nd Address:

Admin Office at 2^nd Floor, Ruhil Tower, MIE Part-B, Delhi-Rohtak Road, Bahadurgarh, District Jhajjar (Haryana).

….Opposite Party

 

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President.

                   Mrs. Manjula, Member.

 

Present:-    Mr. Deepak Aggarwal, Advocate for the complainant.

Opposite party proceeded against ex-parte vide order dated 09.12.2019.

 

O R D E R

Per Manjula, Member:

 

                    Brief facts giving rise for the disposal of the present complaint are that the complainant booked a residential apartment with the opposite party (OP). The OP allotted an apartment bearing No.C-701, Block-C-1, Type- 3BHK-3T, situated at 7^th Floor in Ruhil Residency, Sector-3, Bahadurgarh, having area of 1708 sq. ft. against basic sale price of Rs.41,07,740/- to the complainant.  Apartment Buyer Agreement was also executed between the complainant and the OP on 06.11.2013. The complainant had paid total sum of Rs.45,32,000/- to the OP against the total sale consideration of Rs.46,99,340/-. It is also alleged that at the time of allotment, OP assured the complainant that possession of the flat would be delivered within 36 months from the date of execution of agreement after completion of all the basic amenities. Accordingly, the OP was required to give the physical possession of the flat to the complainant after expiry of 36 months i.e. by 05.11.2016 but no offer was made to the complainant by the OP. It is also submitted that the OP would be liable to pay compensation @ Rs.5/- per sq. ft. of the super area per month for delay period. It is further submitted that when the complainant visited the site, she found that construction at the site was very slow and there was no likelihood of completion of flat of the complainant even in near future.  The complainant made several requests to the OP either to deliver the possession of the flat or to refund her deposited amount but the OP did not consider her genuine request. Thus, there was deficiency in service on the part of the OP. The complainant has prayed that the OP be directed to refund Rs.45,32,000/- which was deposited by her alongwith interest @ 15% p.a. from the date of respective deposits, to pay Rs.2,00,000/- as compensation for mental agony and harassment and Rs.75,000/- as litigation expenses, and other reliefs as this Hon’ble Commission deem appropriate.

2.                Notice of the complaint was issued against the OP which remained unserved. Despite service through publication, OP failed to appear before this Commission and thus ex-parte proceedings were initiated against the OP vide order dated 09.12.2019

3.                When the complaint was posted for recording evidence of the complainant, counsel for complainant tendered into evidence affidavit of Shakuntla Devi wife of Shri Charan Singh-complainant as Ex.CW1/A vide which she has reiterated all the averments made in the complaint alongwith documents Ex.C-1 to Ex.C-3 and closed the same.

4.                The arguments have been advanced by Mr. Deepak Aggarwal, learned counsel for the complainant. With his kind assistance entire record including documentary evidence as well as whatever the evidence had been led during the proceedings of the complaint has also been properly perused and examined.

5.                As per the basic averments made in the complaint including the contentions raised by the learned counsel for the complainant, the foremost question which requires adjudication by this Commission is as to whether the complainant is entitled to get refund of the amount which she had already paid to the OP, along with interest or not ?. 

6.                After careful perusal of the entire record, which remained  unrebutted, it stands proved that the complainant booked a residential apartment with OP who allotted apartment bearing No.C-701, Block-C-1, Type- 3BHK-3T, situated at 7^th Floor in Ruhil Residency, Sector-3, Bahadurgarh having area 1708 sq. ft to the complainant. A Flat Buyer Agreement dated 06.11.2013 (Ex.C-2) also came into existence between the parties. As per the said agreement, total cost of the apartment was agreed to be Rs.46,99,340/-. As per the complainant, despite payment of an amount of Rs.45,32,000/- (Ex.C-3 colly) to the OP,  the construction was not completed by the OP. Since the project is not complete and possession is delayed much beyond the stipulated time, this Commission is of the considered view that there is deficiency in service on the part of the opposite party and thus, the complainant is well within her legal rights to get the refund of balance amount of Rs.45,32,000/- (Forty five lakhs thirty two thousand only) which she had already deposited with the OP. Even otherwise also, there is a strong element of the physical and mental agony caused to the complainant for investing a huge amount and still remained deprived of the possession of the apartment and under these constrained circumstances, she had to knock the door of this Commission even for seeking refund of the amount.

7.                In the light of the above observation and discussion, there are sufficient grounds to accept the complaint and while accepting the complaint, the OP is directed to refund the amount of Rs.45,32,000/- (Forty five lakhs thirty two thousand only) alongwith interest @ 12%  per annum from  the date of respective deposits till its realization. In case, there is a breach or delay in making payment within the stipulated period of 45 days, in that eventuality, the complainant would further be entitled to get the interest @ 15% per annum, for the defaulting period. The complainant is also entitled to Rs.1,00,000/- (One Lakh only) as compensation for  mental agony and physical harassment.  In addition, the complainant is also entitled to Rs.50,000/-  (Fifty thousand only) as litigation expenses.  It is also made clear that for non-compliance, the provisions enshrined under section 72 of the C.P. Act would also be attracted. 

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

10.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on:16^th February, 2023

                                                                            

                                                                                               

                                                                                      T.P.S. Mann

                                                                                      (President)        

 

 

 Manjula

(Member) 

 

                                                                                                           

 

                                                                                                           

M.S.