Case nº First Appeal No. 1157 Of 2014, (Against the Order dated 28/05/2014 in Complaint No. 316/2011 of the State Commission Delhi) of NCDRC Cases, November 20, 2014 (case Sanjay Kumar Sharma Vs Parsvnath Developers Ltd.)
| Judge | For Appellant: Mr. Krishna M. Singh, Advocate |
| President | Mr. V.B. Gupta, Presiding Member and Mr. Suresh Chandra, Member |
| Resolution Date | November 20, 2014 |
| Issuing Organization | NCDRC Cases |
Order:
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The Appellants/Complainants have filed these appeals against order dated 28.5.2014 passed by State Commission, Delhi in Complaint Case No.317 of 2011 -- Amit Chawla V/s. Parsvnath Developers Ltd., Complaint Case No.315 of 2011 -- Aman Grover Vs. Parsvnath Developers Ltd. and Complaint Case No.316 of 2014 -- Sanjay Kumar Sharma Vs. Parsvnath Developers Ltd. Vide impugned order passed in F.A. No.1158 of 2014 (Complaint Case No.317 of 2011), the State Commission observed that judgement of Complaint Case No.317/2011 shall mutatis mutandis apply to all the complaint cases. The State Commission has dismissed all the three complaints filed by the appellants.
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Since, facts of all three cases are similar and common question of law is involved, thus these appeals are being disposed of by this common order.
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Case of Amit Chawla Vs. Parsvnath Developers Ltd., F.A. No.1158/2014 (Complaint Case No.317/2011) is taken as the lead case.
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Appellant Amit Chawla filed a Consumer Complaint u/s 17 of the Consumer Protection Act 1986 (hereinafter called the Act) against
Respondent -Parsvnath Developers Ltd. for payment of Rs. 24,49,276/- comprising Rs. 14,49,276/- as interest calculated @ 24% plus Rs. 10,000/- as compensation. Appellant has further claimed a sum of Rs. 5 Lac towards compensation on account of deficiency of service/negligence and cost as well.
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Appellant''s case is that he booked three bedroom apartment in the upcoming project of respondent and paid a sum of Rs. 4,50,000/- as advance payment on 11.4.2006. As per advance registration form, one of the condition was that respondent will offer a residential apartment to buyers within a period of six months and advance amount will be adjusted against the booking amount payable by the buyer when residential apartment is allotted to buyer. In case, respondent failed to allot an apartment within the stipulated period of six months from the date of making the payment, respondent shall be liable to pay interest @ 9% p.a. After expiry of six months period, respondent did not issue any allotment letter. However, on 14.03.2007, respondent issued a provisional allotment letter of three bedroom flat No. T19-1102 in the project name "Parsvnath Pleasant Dharuhera, Haryana" to the appellant. The payment plan was also enclosed with the allotment letter. The respondent demanded Rs. 50,850.50/- after adjusting the advance payment (Rs.4,50,000/-) out of total demand of Rs. 5,00,850/- which is first instalment of 15% of the total cost of flat. The amount of Rs.50,850/- was paid through cheque No. 228277 dt. 31.05.2007 and receipt No. 50047406 dt. 04.04.2007 was issued. Thereafter second, third & fourth instalment as per demand of the respondent were paid totalling to Rs. 16,02,720/- till 01.11.2008.
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After making aforesaid payments, appellant visited the construction site several times and tried to know the progress of the construction and was surprised to see that there was no progress in the project. The appellant further received proposal letter dt. 06.12.2008 offering a special concession of 10% rebate on advance payment. It was shocking as the construction on the site has totally stopped. No assurance was given by the respondent that project was going to be completed soon. The appellant therefore, decided to take back his money and tried hard to meet the respondent but its officials refused to meet or give any satisfactory reply. One Mr. Sunit Sachar, V.P.-Marketing, met the appellant and other buyers and told about the company''s inability to complete the project in near future. Appellant requested for refund of the amount deposited with interest, but respondent refused. Later on, Sh. Sunit Sachchar offered settlement proposal to the appellant and told that the company was willing to pay actual amount with a condition that the appellant will surrender all his rights, claim and interest. The appellant was clearly told that if he does not accept the settlement proposal, he will get nothing and will return empty handed.
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It is further stated that respondent sent letter dt. 05.05.2011 in this regard offering to pay principal amount without interest on surrender of all the rights and claim by the appellant. The appellant being under distress and under fear of loosing his hard earned money agreed to letter dt. 05.05.2011. He surrendered all his original documents. The respondent obtained appellant''s signature as per their convenience and paid back principal amount of Rs. 16,02,720/- through cheque No. 005697 dt. 0707.2011.
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Thereafter, appellant sent a legal notice dt. 27.07.2011 to the respondent requesting the payment of interest of Rs. 16,02,720/- @ 24% p.a. Notice was received by the respondent but no reply was sent. The appellant thus suffered a lot of harassment, mental agony and pain at the hands of respondent, who was guilty of deficiency of service and indulgence to...
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