RAJASTHAN HOUSING BOARD Vs. GYAN SINGH

JUDGEMENT

(1.) THESE two revision petitions have been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 01.04.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission (for short 'the State Commission ') in FA No. 32/2013 "Rajasthan Housing Board versus Gyan Singh " by which while dismissing the appeal, the order passed by District Consumer Disputes Redressal Forum, Jaipur in complaint no. 787 and 664 of 2012 filed by the respondents/complainants was upheld. These two petitions are being disposed off by this single order and a copy of the same may be placed on each file.

(2.) BRIEF facts of the case, as taken from complaint no. 787/2012 filed by Gyan Singh respondent in RP No. 2284/2013 are that the Petitioner/OP launched a multi -storey housing scheme at Mewar apartments, Haldighati Marg, Pratap Nagar, Jaipur. The complainants submitted applications for booking flats in the said Scheme by making payment of registration amount of Rs.1,80,000/ - each. The approximate cost of the flat was stated to be Rs.17,90,000/ -. The complainants were successful in the draw of lots taken out on 14.04.2008. Allotment letters were issued to them. The complainants deposited the total amount of the flat in instalments as demanded by the petitioner/OP. As per commitment made by the Petitioner/OP through the reservation letter dated 22.10.2008, the petitioners were required to issue a allotment letter/possession letter of the flat within a period of 30 months from that letter after allotting the house number. However, the said allotment/possession letter was issued to the complainant on 30.6.2011 meaning thereby that there was a delay of about three months in issuing the said letter. Further, the petitioners raised further demand of Rs.1,96,215/ - in RP No. 2284/2013 and a demand of Rs.1,98,784/ - in RP No. 2285/2013 from the complainants before taking the possession of the flats. The said amounts were also deposited by the complainants under protest. Further, an additional demand for Rs.97,225/ - for parking in RP No. 2284/2013 and that of Rs.57,495/ - in RP No. 2285/2013 was also made by the petitioner and the said amount was also paid by the complainants. It has been alleged by the complainants that the petitioners/OP had not completed the construction work of the flats at the time of offer of possession and hence, there was gross negligence and deficiency in service on the part of the petitioner. A complaint was, therefore, made before the District Forum and as per orders passed by the District Forum on 5.12.2012 in both the cases, it was ordered that in case of complaint no. 787/2012 the petitioner/OP should pay interest @ 15% p.a. on the amount of Rs.17,90,000/ - from 30.03.2011 to 30.06.2011 and also to refund the parking charges of Rs.97,225/ - with interest @ 15% p.a. from the date of receiving such payment till refund. District Forum also ordered that for failure of the petitioner to provide all amenities, interest @ 10% p.a. should also be paid on the total amount of Rs.17,90,000+Rs.1,96,215 = Rs.19,86,215/ - and to pay Rs.50,000/ - by way of compensation for mental agony and Rs.3,000/ - as litigation expenses.

(3.) HEARD the learned counsel for the parties and examined the record.