Rajasthan

StateCommission

CC/20/2020

Ashok Kumar Dilbagi S/o Shri Chirjeet Lal Dilbagi - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Bhupendra Pareek

18 Jun 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

 

COMPLAINT CASE NO: 20/2020

 

Ashok Kumar Dilbagi s/o Sh. Chiranjeet Lal Dilbagi r/o 101, Ahuwalia Building, Ambala Cantt. Haryana

Vs.

1.Sahara Prime City Ltd. (Sahara City Homes, ) through Regional Manager/ Director Opp.Radha Swami Satang Vyas, Village Bilwa, Tonk Road,Jaipur through Manager

 

2. Sahara Prime City Ltd. (Sahara City Homes) through Manager/ Director Head office- Sahara India Centre, 2, Kapoorthala Complex, Aliganj, Lucknow through Managing Director.

 

Date of Order 18.6.2021

 

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mr.Shailendra Bhatt -Member

 

Mr. Bhupendra Pareek counsel for the complainant

Mr.Kapil Totla counsel for the respondents through VC

 

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BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI LAL SHARMA, PRESIDENT ):

 

The present complaint is filed by the complainant Mr.Ashok Kumar Dilbagi against respondents Sahara City Homes stating therein that respondents published advertisement in daily newspapers regarding available flats in township in Tonk Road with huge swimming pool, ideal environment, play ground, securty, communication service, appropriate transport facilities, modern education facilities, modern health care centre, well planned infrastructure, Sahara City Homes Club, Community Centre, Home Plaza, Multiplex, Service Centre, Nature Care Centre and Energy savings etc. It was also told that after depositing 15% of the cost amount of the flat 85% of the cost amount of flat loan will also be available from nationalized banks. After impressing from the given advertisement the complainant booked a flat on 4.9.2012 in the aforesaid township on which Unit No. B-10/103 type 2 bedroom on first floor unit area 88.73 sq.mt. was allotted to the complainant on 15.10.2012 and the total cost was apprised as Rs.26,73,000/- and it was assured that

 

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from the date of allotment within 36 months the possession of the flat will be handed over to the complainant and in case of delay in payment the rate of interest will be charged as 15 % p.a. The complainant paid the amount i.e. Rs.27,43,210/- to the respondents according to schedule but respondents failed to construct the flat within stipulated period. Even after depositing the cost of house the possession of flat has not been given by the respondents to the complainant till date.

 

The total cost of the flat was told as Rs.26,73,000/- and the amount of Rs.27,43,210/- was deposited by the complainant according to Anx. 3, the party ledger.

 

It is further averred that after depositing the aforesaid huge amount i.e. Rs. 27,43,210/- the respondents failed to perform its part of agreement without any reasonable cause which amounts deficiency in service of respondents and petitioner prayed for remitting Rs. 27,43,210/- with interest @ 18% p.a. from the date of depositing the amount.

 

Due to deficiency in service and negligence of respondents the complainant suffered mental, physical and

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economic discomfort, therefore, in this count he prayed for Rs. 8 lakhs. Rs. 10 lakhs was claimed on ground that petitioner failed to utilize the aforesaid amount for his personal needs. Rs. 2 lakhs was claimed on account that petitioner has to took several rounds for claiming the amount and Rs. 1 lakh was claimed for advocate fee and other legal expenses. Accordingly total Rs. 48,43,210/- has been claimed with interest.

 

In reply respondents admitted the receiving of aforesaid amount and it is mentioned that due to legal proceedings the property of respondent was attached by SEBI, therefore, respondents could not complete the project. However, they are ready to remit the amount.

 

Heard. Since there is no dispute of respondents regarding aforesaid payment which was deposited by complainant before the respondents, however, during course of arguments respondent's counsel proposed before this Commission that respondents are ready to return the principal amount with interest @ 9% p.a. from the date of receipt of each amount within three months. The learned counsel further states that respondents are also agree that if the amount has not

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been paid within three months then interest will be paid @ 12% p.a. from the date of receiving the each amount.

 

The learned counsel for the petitioner Mr.Bhupendra Pareek also submits that if respondents are ready to return the amount with interest @ 9% p.a. within three months and if they failed to remit the amount within three months then interest @ 12% will be paid from the date of receiving the amount by the respondents then the complaint may be decided accordingly. However, the amount in term of mental and physical agony and legal expenses may also be awarded in favour of the complainant.

 

Since there is no dispute regarding receiving the amount by the respondents for the aforesaid flat and it is also not disputed that respondents failed to complete the project and deliver the possession of allotted flat to the complainant within stipulated period which is clear cut deficiency in service.

 

Therefore, it is ordered that respondents shall pay the amount which was deposited by the petitioner before them against booking and allotment of flat amounting to

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Rs.27,43,210/- within three months from today with interest @ 9%p.a. from the date of receiving the each amount . It is made clear that if payment is not being paid within three months from today then the petitioner is entitled to get interest on the aforesaid amount @ 12% p.a. instead of 9% p.a. Apart from it the petitioner is also entitled for Rs. 2 lakhs for mental agony which he suffered due to deficiency in service of the respondents. He is also entitled for legal expenses including advocate's fee in the tune of Rs. 50,000/- from the respondents. It is also directed that the aforesaid amount of mental agony and legal expenses will also be paid within three months otherwise it will also carry interest @ 12% p.a. from today.

 

(Shailedra Bhatt) (Banwari Lal Sharma)

Member President

 

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