MATRIX BUILDWELL PVT. LTD Vs. SHOBHIT ELHANCE

JUDGEMENT

(1.) In all these revision petitions question to be decided is common; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 07.11.2013 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 785/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Shobhit Elhance & Ors., in Appeal No. 787/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Mahesh Kumar Haribhau Patil & Ors., in Appeal No. 789/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Ashish Kumar Gupta & Ors., in Appeal No. 790/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Subir Majumdar & Ors., in Appeal No. 783/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Sanjeev Dhawan & Ors., in Appeal No. 784/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Sanjay Kumar Singh & Ors., in Appeal No. 786/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Inder Kumar Parimoo & Ors. and in Appeal No. 788/2013 M/s. Matrix Buildwell Pvt. Ltd. Vs. Vinod Bala Chadha & Ors. by which, while dismissing appeals in limine, order of District Forum allowing complaint partly was upheld.

(3.) Brief facts of the case are that Complainants/respondents purchased flats for a sale consideration from OP/petitioner. OP failed to deliver possession of flats within time and illegally charged EDC charges, infrastructure development charges, stamp duty, registration charges, etc. It was further submitted that OP delivered possession of the flats without providing basic facilities like club and ground parking. Conveyance deed, etc. have also not been executed in their favour. Alleging deficiency on the part of OP, complainants prayed for refund of additional EDC charges, infrastructure development charges, extra stamp duty, refund of car parking charges, refund of club membership charges and grant of penalty charges on account of delayed possession. OP resisted complaint and submitted that OP has complied with terms and conditions of buyer's agreement. It was further submitted that delay in delivery of possession occurred due to delayed payment of installments by the complainants. It was further submitted that maintenance of basic facilities was not responsibility of the OP and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint partly and directed OP to refund money for covered parking space with interest and further awarded litigation charges. Appeal filed by OP was dismissed by learned State Commission in limine vide impugned order against which, these revision petitions have been filed.