Haryana

StateCommission

CC/526/2017

NARENDRA - Complainant(s)

Versus

RUHIL PROMOTERS PVT. LTD. - Opp.Party(s)

ASHISH BANSAL

26 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                      Complaint Case No.526 of 2017

Date of Institution:30.08.2017

Date of Decision: 26.06.2018

 

1.      Narender Kumar Kushwah, aged about 44 years.

2.      Rashmi Kushwah W/o Sh. Narender Kumar Kushwah.

Both Resident permanent Q.No.8, Main Telephone Exchange, BSNL, Bahadurgarh, Haryana.

     …..Complainants

                                                Versus

Ruhil Promoters Pvt. Ltd. earlier known as Kashi promoters pvt. Ltd. through its Director/Authorised signatory, at Ruhil Residency, Sector-3, SARAI Aurangabad, Bahadurgarh, Distt. Jhajjar, Haryana 124507.

IInd Addredss

DSM-538, DLF Tower, Shivaji Marg, Moti Nagar, New Delhi-15.

         …..Opposite party

CORAM:   Mrs.Urvashi Agnihotri, Member.

 

Present:-    Mr.Ashish Bansal,  Advocate for the complainant.

                   Opposite party already ex parte.

 

O R D E R

 

URVASHI AGNIHOTRI, MEMBER:

 

          As per order dated 25.06.2018 contained in letter No.3004, I am conducting these proceedings singly.

2.      The present complaint under Section 17 of the Consumer Protection Act, 1986 (for Short, ‘Consumer Act’) has been filed by Narender Kumar Kushwah and Rashmi Kushwah-complainants, averring that they purchased flat No.G-503 Floor No.5, Block/Tower No.G-3 measuring 1250 sq. ft. in the project “Ruhil Residency” at Sector 3, Sarai Aurangabad, Bahadurgarh with the opposite party (O.P.).  The total cost of the flat was Rs.32,83,750/- and they paid initial amount of Rs.2,00,000/- on 21.09.2012. O.P. issued allotment letter on 16.12.2012.   and Apartment Buyer Agreement was executed between the parties. Till today, they deposited total sum of Rs.27,55,550/-.  As per agreement, physical possession of the apartment was to be handed over within 36 months from the date of execution of agreement, but, O.P. failed to handover the possession of the apartment within the stipulated period. They requested the O.P. to refund the amount paid by them.  The complainants prayed that the O.P. be directed to refund the deposited amount of Rs.27,55,550/- alongwith interest at the rate of 18% p.a.,  Rs.2,00,000/- as compensation for unfair trade practice and Rs.2,00,000/- for mental agony, harassment and Rs.75,000/- as litigation expenses.

3.      O.P. was proceeded against ex parte vide order dated 21.12.2017.

4.      The complainants Narender Kumar Kushwah appeared as CW1 and produced  documents Ex.C-1 to C-12.

5.      I have heard the learned counsel for the Complainants and have gone through the record.

6.      The only question arises for consideration is whether the developer-opposite party defaulted in delivering the possession of the flat to the complainant or not?

7.      The complainant had purchased the apartment in the year 2012 by paying Rs.27,55,550/- to the O.P.  The O.P. did not complete the basic amenities. As per agreement, the possession of the flat was to be delivered within 3 years till 16.06.2016.

8.      The complainant has also sought refund of Rs.27,55,550/-. There was no sign of development in the project and in the near future, there was no possibility for the OP to hand over the possession of the plot.  It will be the travesty, if the complainant is made to suffer for the deliberate in action and negligence of the O.P. as it is established on the record that O.P. is deficient in service for not starting the project.

9.      Consequently, the Complaint is allowed and Ruhil Promoters Pvt. Ltd.-O.P. is directed to pay Rs.27,55,550/- (Twenty Seven Lac Fifty Five thousand Five Hundred fifty only) to the complainant, alongwith interest at the rate of 12% per annum from the date of its respective deposits till the date of realization, alongwith Rs.5000/- as compensation for rendering deficient services and Rs.5000/- as litigation expenses.

 

June 26th, 2018

Mrs.Urvashi Agnihotri, Member, Addl.Bench

S.K.