Rajasthan

StateCommission

CC/119/2019

Smt. Ghishi Devi Gupta - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

D.M.Mathur

24 Feb 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

 

 

COMPLAINT CASE NO: 119/2019

 

Smt.Ghisi Devi Gupta, Shivshakti Nagar, Jaipur Road, Dausa.

Vs.

Sahara Prime City Ltd. Head office Sahara India Centre 1, Kapoorthala Complex, Aliganj, Lucknow U.P. Through Managing Director etc. & ors.

 

Date of Order 24.2.2021

 

Before:

Hon'ble Mr. Mahaveer Prasad Sharma-Member(Judicial)

Hon'ble Mr. Shailendra Bhatt -Member

 

Mr. D.M.Mathur counsel for the complainant

Mr.Narendra Kumar Sharma counsel for the non-applicants

BY THE STATE COMMISSION ( PER HON'BLE MR. MAHAVEER PRASAD SHARMA MEMBER (JUDICIAL):

2

 

This complaint has been filed on 2.7.2019 with the contention that he booked a flat with the non-applicants. Allotment letter was issued on 4.6.2012 and within 19 months the possession of the property was to be handed over to the complainant but inspite of the payment of Rs.19,97,000/- the possession of the property has not been handed over to the complainant.

 

Per contra the contention of the non-applicants is that due to stay of the apex court possession of the property could not be handed over to the complainant and non-applicants are not deficient.

 

Both the parties entered into evidence. Heard the counsel for the parties and perused the record of the case.

 

It is not in dispute that booking was made by the complainant with non-applicants. Allotment letter is dated 4.6.2012 and within 19 months the possession of the unit was to be handed over to the complainant which was not done till today. The complainant has paid total sum of Rs.19,97,000/- with the non-applicant.

3

 

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 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.

4

 

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.19,97,000/- 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.

 

(Shailendra Bhatt) (M.P.Sharma)

Member Member (Judicial)

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