LAWS(NCD)-2023-5-88

PARSVNATH DEVELOPERS LIMITED Vs. SUNITA RAHEJA

Decided On May 31, 2023
Parsvnath Developers Limited Appellant
V/S
Sunita Raheja Respondents

JUDGEMENT

(1.) The present Appeal has been filed against the Order dated against the Order dtd. 11/3/2015, passed by the Delhi State Consumer Disputes Redressal Commission at New Delhi (hereinafter to be referred to as the State Commission) in Complaint Case No. 174 of 2012, whereby the Complaint, filed by Mrs. Sunita Raheja (hereinafter to be referred to as the Complainant/Respondent) was allowed and the Opposite Party/Appellant herein i.e. Parsvnath Developers Limited (hereinafter referredto as the Appellant Company) was directed to refund the amount of Rs.11.50.0)0)0)/- along with interest @18% p.a. from the date of deposit alongwith a sum of Rs.5,00,000.00 towards Compensation and Rs.1,00,000.00towards the cost of litigation.

(2.) Brief facts of the case as narrated in the Complaint are that complaint the Complainants/Respondents entered into an Agreement dtd. 15/2/2005 with the Opposite Party/Appellant Company for allotment of a residential plot of 400 square yards in Appellant Company's project in Sonipat. and paid a sum of Rs.5,75,000.00 towards part consideration vide Cheque No. 652757, dtd. 15/2/2005 against a receipt. i.e. Receipt No. PH001367 dtd. 22/2/2005 issued by the Appellant Company. The Plot was to be allotted within 6 months of the Agreement i.e. by 15/8/2005. Complainants made additional payments of Rs.1,78,000.00 vide cheque No. 503404 and Rs.3,97,000.00 vide cheque No.722798 as demanded by the Appellant Company vide letter dtd. 4/1/2006 for allotment of the plot. It is the case of the Complainants that they kept calling the Opposite Party/ Appellant Company and followed up with their officers for allotment of the Plot in terms of the Agreement dtd. 15/2/2005. Despite various reminders and visits, the Opposite Party/ Appellant Company failed to allot the Plot. Complainants served legal notice, dtd. 29/3/2011, calling upon the Appellant Company to either allot a Plot or refund Rs.11,50,000.00 with 24% interest per annum along with Rs.10,00,000.00 as damages/compensation for mental harassment and Rs.10,000.00as cost incurred on legal expenses within 15 days of receipt of Legal Notice, but to no avail. Alleging deficiency in service on the part of the Appellant Company, the Respondents/Complainants filed a Consumer Complaint before the State Commission.

(3.) The Appellant Company contested the Complaint before the State Commission by submitting Complainant was not "Consumer" as the plot was purchased for commercial purposes. It was further submitted that the matter involved complex questions of law and hence required detailed evidence to be proved in order to ascertain the claims, hence the same should be taken up by a Civil Court. It was urged that no interest @24% was due and payable to the Complainants as per the Agreement between the parties. It was submitted that as per clause (d) of the agreement, in case the Appellant Company failed to allot a plot within a period of one year, from the date of making the payment, then the Complainants had the option of withdrawing the money by giving one month notice, however, they themselves opted to go forward with the registration instead. It was prayed that the Consumer Complaint be dismissed.