Rajasthan

StateCommission

CC/33/2020

Rahul Kumar Rungata S/o Rajendra Kumar Rungata - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Bupendra Pareek

26 Feb 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

COMPLAINT CASE NO: 33/2020

 

Rahul Kumar Rungta s/o Rajendra Kumar Rungta r/o Ward No. 9, Post Rajbiraj, Saftari, Nepal at present E-171 Antriksh Appartment, ground floor, Sector 14, Rohini, New Delhi.

Vs.

Sahara Prime City Ltd. (Sahara City Homes )through Regional Manager Opp. Radha Swami Satsang Vyas, Tonk Road, Jaipur & ors.

 

Date of Order 26.02.2021

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mrs. Shobha Singh -Member

 

Mr.Bhupendra Pareek 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 Rahul Kumar Rungta against respondents Sahara City Homes stating therein that respondents published advertisement in daily newspapers regarding available flats/ independent raw house 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 banks, LIC Housing Finance, SBI. After impressing from the given advertisement complainant booked an independent raw house in the aforesaid township on which Unit No. R-3/40 type independent raw house unit area 172.65 sq.mts., plot area 171.37 sq.mts., terrace area 52.71 sq.mts. was allotted to the complainant on 25.1.2005 and the total cost was apprised as Rs. 45,21,000/- and it was assured that from the date of allotment within 23 months the possession of the independent raw house will be handed over to the complainant and in case

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of delay in payment the rate of interest will be charged as 15 % p.a. The complainant paid all the amount i.e. Rs.48,35,090/- to the respondents till 20.3.2012 according to schedule but respondents failed to construct the independent raw house within stipulated period. Thereafter vide letter dated 15.2.2010 respondents increased the area of independent raw house from 1857.71 sq.ft. to 1894.03 sq.ft. and cost of the house was also increased from Rs. 45,21,000/- to Rs. 48,27,000/- . Accordingly the cost of house was increased as Rs.3,06,000/- arbitrarily and complainant was forced to make payment of the aforesaid amount also. Even after depositing the increased cost of house the possession of independent raw house has not beengiven by the respondents to the complainant till date.

 

The total cost of the raw house was told as Rs.48,27,000/- and as per the agreement the amount was deposited in the following manner:

Receipt date	Branch code	Receipt No.	FA code	TAG	Debit	Credit
25.01.2005	2168	10123598385	600011	N	0	226050
09/07/08	2168	216808301829	600005	R	0	452100
31.07.2009	2168	216809312583	600005	R	0	384284
31.08.2009	2168	216809314561	600005	R	0	192142
07/11/09	2168	216809318778	600005	R	0	384284
09/11/09	2168	216809318780	600005	R	0	192142
01/12/09	2168	216809320277	600005	R	0	192142
15.12.2009	2168	216809321265	600005	R	0	192142
23.2.2010	2168	216810305033	600005	R	0	192142
15.4.2010	2168	216810310414	600005	R	0	192142
15.4.2010	2168	216810310413	600005	R	0	192142
15.5.2010	2168	216810313080	600005	R	0	192142
22.5.2010	2168	216810313703	600005	R	0	192142
23.7.2010	2168	216810319108	600005	R	0	192142
23.7.2010	2168	216810319109	600005	R	0	192142
31.12.2010	2168	216810334556	600005	R	0	192142
31.12.2010	2168	216810334555	600005	R	0	192142
31.12.2010	2168	216810334554	600005	R	0	192142
31.12.2010	2168	216810334557	600005	R	0	192142
11/02/12	2168	216812300492	600005	R	0	192142
20.3.2012	2168	216812300804	600005	R	0	314100
						4835090
		Net amount received				4835090

 

It is further averred that after depositing the aforesaid huge amount i.e. Rs. 48,35,090/- 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. 48,35,090/- 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 account he prayed for Rs. 11 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. 72,35,090/- 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 depoited by complainant before the respondents, however, 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

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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.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 project 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

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against booking and allotment of independent raw house amounting to Rs. 48,35,090/- 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 has not been 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 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 deficiency in service and legal expenses will also be paid within three months otherwise it will also carry interest @ 12% p.a. from today.

 

(Shobha Singh) (Banwari Lal Sharma)

Member President

 

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