NARESH KUMAR BATRA Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) THIS order, shall dispose of six aforesaid connected Consumer Complaints, in which the common questions of law and fact are involved.

(2.) THE facts are extracted from Consumer Complaint No. 69 of 2010, titled as Naresh Kumar Batra V/s. Parsvnath Developers Ltd. and Others, which proceed, in the manner, that the complainant applied for a residential flat, in the project of the OPs, to have his own flat, in the City Beautiful, Chandigarh. The total basic price of the flat was Rs. 1,96,33,750. The complainant deposited a sum of Rs. 10.00 lacs, as earnest money, along with application form vide cheque No. 006586 dated 21.9.2007, drawn on UTI Bank Ltd. The balance price of the flat was to be deposited in instalments, as per the construction linked payment plan. The draw of lots was held by OP No. 3. The complainant was allotted a 3 Bedroom flat, on the Ground Floor, Type -1, category -C, bearing No. G03, in Block No.C5 having approximate area of 2825 Sq. Ft.(equivalent to 262.442 sq. mtrs.) in the project of Parsvnath Prideasia, Rajiv Gandhi ChandigarhTechnology Park, Chandigarh, vide allotment letter No. PDL/CHB/07/C31 dated 10.10.2007. The complainant again paid a sum of Rs. 9,63,375 vide Cheque No. 371964 dated 11.12.2007, drawn on UTI Bank Ltd. to the OPs to complete 10% cost of the total basic price. Thereafter, again he paid a sum of Rs.32,45,062.50, vide Cheque No. 371966 dated 5.1.2008, drawn on UTI Bank Ltd. i.e. Rs. 29,45,062.50 towards 15% cost of the total basic price, and Rs. 3,00,000 for the covered car parking charges. These payments were duly acknowledged by the OPs, vide receipt No. CH000449 dated 12.12.2007 and Receipt No. CH000512 dated 9.1.2008 respectively. In this manner, the total amount towards the price of the flat which was paid by the complainant came to be Rs. 52,08,437.50 paise.

(3.) THE complainant came to know from the Allotment Letter and Flat Buyer Agreement dated 15.2.2008, executed between him and the authorized representatives of the OPs, that as per Clause 9(a) of the same (Agreement), the construction of the flats was to be completed by OP Nos.l and 2, within 36 months, from 6.10.2006. Thereafter, the complainant came to know that OP Nos. 1 and 2, had not even laid foundation of the flat at the site. There was no development, at the site, as agreed to by OP Nos. 1 and 2, in the Flat Buyer Agreement dated 15.2.2008. It was further stated that OP Nos. 1 and 2, violated the provisions of Clause 9(a) of the Flat Buyer Agreement dated 15.2.2008. It was further stated that the OPs took money towards the price of the flats from various customers, as well as from the complainant, and did not start the construction work. The complainant, being not satisfied, with the project of the OPs, as already a long delay had occurred, and the construction had not been started by them, was not in a position to wait for an indefinite period, for the construction of the said flat. A legal notice dated 27.9.2010, after waiting for a sufficiently long time, for the possession of the flat, was issued to the OPs, for refund of the entire amount, referred to above, as he was no more interested in the project. It was further stated that the OPs intentionally, deliberately and with mala fide intention did not construct the flat and used his hard earned money, which was deposited by him, as referred to above, by way of instalments, and earned interest thereon. It was further stated these acts of the OPs, t.i.\ounted to deficiency in rendering service. It was further stated that on account of these acts of the OPs, a great mental torture and harassment was caused to the complainant. It was further stated that despite receipt of the legal notice, neither the amount was refunded by the OPs, to the complainant, nor the compensation was paid. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act,1986 (hereinafter to be called as the Act only), was filed claiming the refund of Rs. 52,08,437.50 deposited by him, with interest @ 18% p.a. from the date of receipt of the amount of respective instalments till realization; a sum of Rs. 10.00 lakh as compensation for causing mental torture, harassment, agony and pain and Rs. 33,000 as litigation expenses.