NAMITA BHATIA Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) This consumer complaint under Section 12 read with Section 18 of the Consumer Protection Act, 1986 has been filed by Smt. Namita Bhatia and Capt. N.K. Bhatia (hereinafter referred to as "complainants") against the opposite parties, alleging deficiency in service on the part of opposite party Nos. 1 and 2-M/s Parsvnath Developers Limited and prayed for refund of the booking amount along with ancillary reliefs.

(2.) Briefly stated the facts of the case are that the complainants had entered into a Flat Buyer Agreement dated 3.7.2008 with Parsvnath Developers Limited for the purchase of residential flat bearing No. T6-803 situated on 8th Floor in Tower No. T6 having an approximate area of 1,310.00 sq. ft. consisting of 2 bedrooms, living room, dining room, kitchen, two toilets and balconies in the complex named "Parsvnath Preston", Sonipat. On behalf of the Developer-M/s.ParsvnathDevelopers Limited, the agreement was signed by its Authorised Signatory. For the purchase of the flat, the complainants applied for loan from HDFC Bank, which was duly sanctioned by the bank. The complainants had paid sum of Rs. 5,88,706 to the Developer for the booked flat. As per Clause No. 10(a) of the agreement, the possession of the flat was to be completed within a period of 36 months' with a grace period of 6 months', in all, 42 months' from the date of execution of the agreement. Even after expiry of 53 months' from the date of signing the agreement, the flat sold to the complainants has not been built/ constructed. The complainants sent various e-mails to the Developer in order to check the status of the flat, but no positive response was given to the complainants. The complainants had taken loan of Rs. 4,17,596 and were paying the EMI's of the loan. On 9.10.2012, the complainants have repaid the entire loan. The complainants have paid interest of Rs. 1,93,319 to the bank. The complainants are residing in Dehradun and the loan for the purchase of the flat in question was sanctioned by the Dehradun Branch of HDFC Bank and the Regional Office of the Developer being located at Dehradun, this Commission has jurisdiction to hear and adjudicate the consumer complaint. Therefore, the consumer complaint was filed before this Commission.

(3.) On being served, the opposite party No. 3-bank filed written statement (Paper Nos. 39 to 41) and pleaded that this Commissionhas no jurisdiction in the matter as the flat in question is situated in District Sonipat, Haryana; that the complainants had approached the bank for the loan, which was duly disbursed in their favour on the basis of allotment letter; that the complainants have fully repaid the loan amount and the bank has issued a NOC in their favour that the complainants have no cause of action against the bank and that the consumer complaint is barred by time against the bank.