Rajasthan

StateCommission

CC/6/2020

Mahesh Chand Gupta S/o Shri Late Shree Lal Ji Gupta - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Hemant Singhal

22 Mar 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

COMPLAINT CASE NO: 06/2020

 

Mahesh Chand Gupta s/o Late Shrilal Gupta r/o 405 Mahalakshmi Plaza, Jawahar Na gar, Kota.

Vs.

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

 

2.Sahara Prime City Ltd. (Sahara City Homes)Site office, Sahara Infrastructure & Housing, Opp.Radha Swami Satang Vyas, Village Bilwa, Tonk Road,Jaipur through Manager

 

Date of Order 22.3.2021

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mr. Surender Kumar Jain-Member

Hon'ble Mrs. Shobha Singh -Member

 

Mr.Hemant Singhal counsel for the complainant

Mr.Narendra Kumar Sharma counsel for the respondents

 

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

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The present complaint is filed by the complainant Mahesh Chandra Gupta 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, Bharat Maa Naman Sthal, well planned infrastructure, Sahara City Homes Club, Community Centre, Home Plaza, Multiplex, Service Centre, Nature Care Centre and Energy savings etc. After impressing from the given advertisement complainant booked a Pent house in the aforesaid township and deposited Rs. 1,11,000/- on 15.12.2004 and Unit No. B-5/904 unit area 107.62 sq.mt.and terrace area 27.97 sq.mt. was allotted to the complainant on 18.3.2010 and the total cost was apprised as Rs.23,24,000/- and it was assured that from the date of allotment within 38 months the possession of the Pent house 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 all the amount i.e. Rs. 23,24,321/- to the respondents according to schedule but respondents failed to construct the pent house

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within stipulated period. Even after depositing the cost of house the possession of pent house has not been given by the respondents to the complainant till date.

 

The total cost of the pent house was told as Rs.23,24,000/- and as per the agreement the amount was deposited in following manner:

S.No.	Trans Date	Receipt no.	Transaction Type	Deposit
1	15.12.2004	10124303279	Deposit(600001)	111100
2	06/08/08	142608307403	Deposit(600005)	100000
3	07/08/08	142608307416	Deposit(600005)	75000
4	09/08/08	142608307486	Deposit(600005)	47200
5	29.6.2009	142609309311	Deposit(600005)	52464
6	01/05/10	142610311387	Deposit(600005)	2833
7	01/06/10	142610313739	Deposit(600005)	55297
8	05/07/10	142610316512	Deposit(600005)	55297
9	06/08/10	142610319220	Deposit(600005)	55297
10	10/09/10	142610322035	Deposit(600005)	55297
11	07/10/10	142610324316	Deposit(600005)	55297
12	15.11.2010	142610327538	Deposit(600005)	55297
13	07/12/10	142610329431	Deposit(600005)	55297
14	06/01/11	142611300280	Deposit(600005)	55297
15	07/02/11	142611303030	Deposit(600005)	55297
16	10/03/11	142611305852	Deposit(600005)	55297
17	11/04/11	142611308504	Deposit(600005)	55297
18	13.5.2011	142611309746	Deposit(600005)	55297
19	07/06/11	142611310443	Deposit(600005)	55297
20	07/07/11	142611311192	Deposit(600005)	55297
21	06/08/11	142611311818	Deposit(600005)	55297
22	07/09/11	142611312372	Deposit(600005)	55297
23	07/10/11	142611312927	Deposit(600005)	55297
24	15.11.2011	142611313581	Deposit(600005)	55297
25	15.12.2011	142611314106	Deposit(600005)	55297
26	14.1.2012	142612300166	Deposit(600005)	55297
27	15.2.2012	142612300728	Deposit(600005)	55297
28	15.3.2012	142612301153	Deposit(600005)	55297
29	09/05/12	142612301833	Deposit(600005)	54752
30	09/05/12	142612301833	O.REC(600012)
31	15.5.2012	142612301968	Deposit(600005)	600
32	15.5.2012	142612301879	O.REC (60012)
33	15.5.2012	142612301879	Deposit(600005)	55290
34	15.6.2012	142612302322	Deposit(600005)	55297
35	22.8.2012	142612302997	Deposit(600005)	54275
36	22.8.2012	142612302997	O.REC(60012)
37	15.9.2012	142612303185	Deposit(600005)	54742
38	15.9.2012	142612303185	O.REC(60012)
39	29.9.2012	142612303258	Deposit(600005)	56973
40	29.9.2012	142612303258	O.REC(60012)
41	22.10.2012	142612303418	Deposit(600005)	55138
42	22.10.2012	142612303419	Deposit(600005)	160
43	22.10.2012	142612303418	O.REC(60012)

 

It is further averred that after depositing the aforesaid

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huge amount i.e. Rs. 23,24,321/- 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. 23,24,321/- with interest @ 15% p.a. from the date of depositing the amount.

 

Due to deficiency in service and negligence of respondents the complainant suffered mental, physical and economic discomfort, therefore, in this count he prayed for Rs.10 lakhs and Rs. 50,000/- was claimed for legal expenses. Accordingly total Rs.33,74,321/- 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

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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 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.Hemant Singhal 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 pent house and it is also not disputed that respondents failed to complete the project and deliver the possession of allotted pent house to the complainant

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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 Rs.23,24,321/- 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.

 

(Shobha Singh) (S.K.Jain) (Banwari Lal Sharma)

Member Member President

 

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