Rajasthan

StateCommission

CC/158/2019

Suresh Rawat s/o Guljari Lal - Complainant(s)

Versus

Sahara Prime City Limited - Opp.Party(s)

D.M.Mathur

17 Jun 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

COMPLAINT CASE NO: 158/2019

 

Sh.Suresh Rawat r/o Gindor, Jhalawar Road, Jhalarapatan Distt. Jhalawar (Raj.)

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 17.6.2021

 

Before:

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

Hon'ble Mr. Ramphool Gurjar -Member

 

Mr. D.M.Mathur counsel for the complainant through VC

Mr.Kapil Totla counsel for the non-applicants through VC

 

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

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1. This complaint has been filed on 9.8.2019 with the contention that he booked a flat with the non-applicants. Allotment letter was issued on 21.8.2009 and within 38 months the possession of the property was to be handed over to the complainant but inspite of the payment of Rs.22,48,210/- the possession of the property has not been handed over to the complainant.

 

2. 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.

 

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

 

4. It is not in dispute that booking was made by the complainant with non-applicants. Allotment letter is dated 21.8.2009 and within 38 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.22,48,210/- with the non-applicant.

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5. The learned counsel for the petitioner also submits that if respondents are ready to return the amount with interest @ 9% p.a. within two 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.

 

6. 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.

 

7. 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.22,48,210/- 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

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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.

 

(Ramphool Gurjar) (M.P.Sharma)

Member Presiding Member (Judicial)

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