Rajasthan

StateCommission

CC/44/2020

Sunita Agarwal W/o Sanjiv Agarwal - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

Bupendra Pareek

22 Sep 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

COMPLAINT CASE NO: 44/2020

 

Sunita Agarwal w/o Sh.Sanjeev Agarwal r/o B 83, Golden Jewell Apartment, Flat No. 301, Ganesh Marg, Bapu Nagar, Jaipur.

Vs.

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

 

Date of Order 22.9.2021

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 Sunita Agarwal 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 a flat in the aforesaid township on which Unit No. C-3/404 type 3 Bedroom on 4^th floor unit area 116.11 sq.mt. was allotted to the complainant on 3.6.2009 and the total cost was apprised as Rs.23,12,000/- 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. Thereafter vide letter dated 15.2.2010 respondents

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increased the area of the flat from 1249.37 sq.ft. to 1268.73 sq.ft. and cost of the house was also increased from Rs.23,12,000/- to Rs.23,48,000/-. Accordingly the cost of house was increased arbitrarily and complainant was forced to make payment of the aforesaid amount also. The complainant paid the amount of Rs.22,48,751/- to the respondents according to schedule but respondents failed to construct the flat within stipulated period. Even after depositing the increased cost of flat 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.23,48,000/- and as per the agreement Rs.22,48,751/- was deposited by the complainant according to Anx. 4 the party ledger.

 

It is further averred that after depositing the aforesaid huge amount i.e. Rs. 22,48,751/- 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.22,48,751/- with interest @ 18% p.a. from the date of depositing the amount.

 

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Due to deficiency in service and negligence of respondents the complainant suffered mental, physical and economic discomfort, therefore, in this account he prayed for Rs. 10 lakhs, Rs. 11 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.46,48,751/- 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 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

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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.22,48,751/- within two months from today with interest @ 10%p.a. from the date of receiving the each amount . It is made clear that if payment has not been paid within two months from today then the petitioner is entitled to get interest on the aforesaid amount @ 12% p.a. instead of 10% p.a. Apart from it the petitioner is also entitled Rs. 2 lakhs for mental agony which she suffered due to deficiency in service of the respondents. She 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 two months otherwise it will also carry interest @ 12% p.a. from today.

 

(Shobha Singh)                                           (Banwari Lal Sharma)

Member                                                            President

 

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