Rajasthan

StateCommission

CC/24/2020

Shri Dilip Kumar Arora S/o Shri Suraj Lal Arora - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Bhpendra Pareek

01 Mar 2021

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

COMPLAINT CASE NO: 24/2020

 

Dilip Kumar Arora s/o Surajlal Arora r/o A 81, Ramdutt Enclave, Uttam Nagar, D.K.Mohan Garden, Delhi

Vs.

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

 

Date of Order 1.3.2021

 

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 Dilip Kumar Arora 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. 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 a flat consisting two bedrooms in the aforesaid township on 30.3.2006 on which Unit No. B-10/802 type 2 bedroom at 8^th floor unit area 88.73 sq.mt. was allotted to the complainant on 23.1.2012 and the total cost was apprised as Rs.17,67,000/- and it was assured that 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.

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The complainant paid all the amount i.e. Rs. 18,96,352/- to the respondents till 6.9.2014 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.18,96,352/- and as per the agreement the amount was deposited in following manner:

Receipt date	Receipt no.	FACode	TAG	Debit	Credit
30.03.2006	10245725300	600002	N	0	141490
09/07/08	183808312319	600005	R	0	264560
15.02.2012	183812301303	600012	T	0	35700
15.02.2012	8183812301303	600005	J	0	35700
15.02.2012	8183812301303	600012	T	35700	0
04/10/13	1246995	600005	R	0	198809
04/10/13	1246995	600012	T	0	101191
24.12.2013	1247182	600012	T	0	23464
24.12.2013	1247182	600005	R	0	276536
11/01/14	1247201	600012	T	0	3672
11/01/14	1247201	600005	R	0	396328
11/01/14	1247203	600005	R	0	145000
14.02.2014	49000053232	600005	R	0	43527
14.03.2014	49000053255	600005	R	0	44175
15.04.2014	49000053270	600005	R	0	44175
24.05.2014	49000053304	600005	R	0	44010
24.05.2014	49000053304	600012	T	0	165
08/07/14	49000053317	600005	R	0	43755
08/07/14	49000053317	600012	T	0	420
15.07.2014	49000053321	600012	T	0	2
15.07.2014	49000053321	600005	R	0	44173
06/09/14	49000053340	600012	T	0	412
06/09/14	49000053340	600005	R	0	44788
				35700	1932052
				Net amount received	1896352

 

It is further averred that after depositing the aforesaid huge amount i.e. Rs. 18,96,352/- 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. 18,96,352/- 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 economic discomfort, therefore, in this count he prayed for Rs.11 lakhs and 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. 42,96,352/- has been claimed with interest.

 

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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, 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 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

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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 Rs.18,96,352/- 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

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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) (Banwari Lal Sharma)

Member President

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