Rajasthan

StateCommission

CC/23/2020

Smt. Sushila Sharma W/o Shri Naryan Datt Sharma - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Bupendra Pareek

01 Mar 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

 

COMPLAINT CASE NO: 23/2020

 

Smt.Sushila Sharma w/o Sh.Narayan Dutt Sharma r/o House No. 114, Housing Board Colony, Mahendragarh Road, Narnol, Haryana & ors.

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 Sushila Sharma & ors. 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, 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 in the aforesaid township on which Unit No. B-7/502 type 2 bedroom at fifth floor unit area 88.73 sq.mt. was allotted to the complainant on 21.8.2009 and the total cost was apprised as Rs.17,15,000/- and it was assured that from the date of allotment within 38 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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Thereafter vide letter dated 15.2.2010 respondents increased the area of flat from 927.01 sq.ft. to 954.73 sq.ft. and cost of the house was also increased from Rs. 17,15,000/- to Rs.17,67,000/-. Accordingly the cost of house was increased arbitrarily and complainant was forced to make payment of the aforesaid amount also. The complainant paid all the amount i.e. Rs. 18,71,572/- to the respondents till 27.11.2012 according to schedule but respondents failed to construct the flat within stipulated period. Even after depositing the increased 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.17,67,000/- and as per the agreement the amount was deposited in the following manner:-

Receipt date	Receipt no.	FACode	TAG	Debit	Credit
31.12.2004	10135837658	600001	N	0	85750
16.07.2008	211408321966	600005	R	0	100000
28.07.2008	211408322801	600005	R	0	71500
15.07.2009	211409337099	600005	R	0	40493
11/08/09	211409342919	600005	R	0	30000
15.09.2009	211409351247	600005	R	0	30000
21.10.2009	211409359455	600005	R	0	22000
14.11.2009	211409366568	600005	R	0	8513
14.11.2009	211409366568	600012	T	0	487
14.11.2009	8211409366568	600012	T	487	0
14.11.2009	8211409366568	600005	J	0	487
12/12/09	211409374537	600005	R	0	20000
11/01/10	211410302220	600005	R	0	20000
15.02.2010	211410315252	600005	R	0	20000
15.03.2010	211410323967	600005	R	0	9868
15.03.2010	211410323967	600012	T	0	132
15.03.2010	8211410323967	600012	T	6	0
15.03.2010	8211410323967	600005	J	0	6
23.03.2010	8211410327040	600012	T	20	0
23.03.2010	8211410327040	600005	J	0	20
23.03.2010	211410327040	600012	T	0	157
23.03.2010	211410327040	600005	R	0	9843
19.05.2010	211410345548	600005	R	0	13493
19.05.2010	211410345548	600012	T	0	1507
12/07/10	211410361170	600005	R	0	20000
31.08.2010	211410377069	600005	R	0	20000
21.10.2010	211410389524	600005	R	0	20000
20.11.2010	211410397311	600005	R	0	20000
15.12.2010	211410405058	600005	R	0	20000
27.01.2011	211411304299	600005	R	0	20000
12/02/11	211411308650	600005	R	0	20000
28.02.2011	211411313794	600005	R	0	45000
01/03/11	211411314508	600005	R	0	20000
01/03/11	211411314265	600005	R	0	35000
14.03.2011	211411316383	600005	R	0	20000
15.03.2011	211411316536	600005	R	0	15000
13.04.2011	211411323640	600005	R	0	7022
13.04.2011	211411323640	600012	T	0	2978
23.07.2011	211411330012	600012	T	0	7500
12/09/11	211411332746	600012	T	0	9117
12/09/11	211411332746	600005	R	0	18883
13.09.2011	211411332773	600005	R	0	9825
13.09.2011	211411332773	600012	T	0	175
22.10.2011	211411334696	600022	T	0	5000
15.02.2012	211412301723	600005	R	0	73337
15.02.2012	211412301723	600012	T	0	26663
06/03/12	49000092994	600012	T	0	48060
06/03/12	49000092994	600005	R	0	530643
17.04.2012	49000093210	600012	T	0	1897
17.04.2012	49000093210	600005	R	0	82555
10/05/12	49000093267	600005	R	0	118122
10/05/12	211412304326	600012	T	0	510
10/05/12	49000093267	600012	T	0	724
15.06.2012	49000093420	600005	R	0	42940
15.06.2012	49000093420	600012	T	0	10
07/07/12	211412305894	600012	T	0	100
13.07.2012	49000093499	600012	T	0	1
13.07.2012	49000093499	600005	R	0	42225
11/08/12	49000093579	600005	R	0	42225
11/08/12	49000093579	600012	T	0	1
18.09.2012	49000093752	600005	R	0	42172
18.09.2012	49000093752	600012	T	0	54
27.11.2012	211412308021	600012	T	0	90
				513	1872085
				Net amount received	1871572

 

It is further averred that after depositing the aforesaid huge amount i.e. Rs. 18,71,572/- 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. 18,71,572/- 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.10 lakhs, 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

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expenses. Accordingly total Rs. 42,71,572/- 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,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

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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 Rs. 18,71,572/- 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

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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) (Banwari Lal Sharma)

Member President

 

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