PURI CONSTRUCTION PVT. LTD Vs. GURUDARSHAN SINGH

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellant against Respondents as detailed above, under Sec. 19 of Consumer Protection Act 1986, against the order dtd. 20/2/2019 of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission'), in Consumer Complaint (CC) No. 227/2014 inter alia praying for setting aside the final order dtd. 20/2/2019 passed by the State Commission.

(2.) While the Appellant was Respondent before the State Commission, the Respondents were Complainants in the said Complaint No. 227/2014 before the State Commission. Notice was issued to the Respondents on 10/5/2019. Parties filed Written Arguments/Synopsis on 21/2/2024 (Appellant) and 25/1/2022 (Respondents) respectively.

(3.) Brief facts of the case, as emerged from the FA, Order of the State Commission and other case records are that: - Vide application dtd. 7/1/2008, the complainants applied for allotment of Residential Apartment in Group Housing Complex, The Pranayam, Sector -82-85, Faridabad, Haryana for a consideration of Rs.50,98,756.00 plus additional charges.Allotment letter was sent to the complainants on 27/3/2008.Agreement was executed between the parties on 16/12/2008. It was agreed between the parties that the Appellant will hand over the Apartment to the Complainants/Respondents within three years from the date of payment of earnest money positively and the complainants will make the payment according to the demand of the Appellant as and when raised. The complainants paid Rs.6,36,930.00 as earnest money.The complainants paid Rs.30,12,144.00 till 16/9/2011 on different dates including the earnest money. The complainants find that the construction work of the apartments is not as per the schedule and contacted the Appellant about the delay.The complainants were assured by the employee ofAppellant that the interest charged will be waived off.Upon this, the complainant made a request by letter dtd. 18/5/2011 to Managing Director and an offer of further plan of payment was explained by the said communication on waiver of interest.The complainants received the letter on 18/7/2011 for final reminder of payments in which net cost of the flat was shown as Rs.49,97,656.00 and in the column of receipt of paymentRs.29,48,337/- was acknowledged instead of Rs.32,12,144.00.No satisfactory clarification about this amount was given by the Appellant. The OP issued letter dtd. 4/10/2011 demanding Rs.3,84,210.00 as enhanced EDC and further informed that the said payment be made by 5/11/2011. No clarification was given by the Appellant.Vide letter dtd. 14/3/2012 the Appellant informed the complainants to pay Rs.24,73,441.06 plus interest of Rs.11,89,476.00 and vide this letter the Respondent increased the Net cost of the flat to Rs.56,55,037.93, but no clarification was given by the Appellant. The complainants made several requests for waiver of interest as the construction work of the apartment by the Appellant was late and not as perschedule.On 14/5/2013, the complainants made an offer to the Appellant in which complainants agreed to make payment of Rs.15,00,000.00on acceptance of the offer and balance within two months of acceptance and a further payment of Rs.5,00,000.00 towards the interest.In January 2013, the Appellant finished the construction work and started allotting the apartments far behind the scheduled date as per Agreement. The complainants received letter on 24/7/2013, issued by the Appellant dtd. 19/7/2012 stating that after 10 days the Appellant shall be free to transfer it in favour of the third party. The complainants vide letter dtd. 24/7/2013 communicated that they are willing to pay the full consideration amount plus Rs.5,00,000.00 extra towards interest as communicated vide letter dtd.14/5/2013 and that the Appellant has not taken into consideration the said offer.The complainants visited several times the office of the Appellant for settlement of the matter but the Appellant vide latest demand dated February 2014, demanded Rs.50,00,000.00 towardsthe interest amount.Hence, the complainants filed complaint before the State Commission.