LAWS(NCD)-2017-4-48

M/S. PAVNI BUILDWELL PVT. LTD. & 2 OTHERS Vs. GREWAL GURMINDER SINGH AND ANOTHER S/O. SH. GREWAL RANDHIR SINGH

Decided On April 10, 2017
M/S. Pavni Buildwell Pvt. Ltd. And 2 Others Appellant
V/S
Grewal Gurminder Singh And Another S/O. Sh. Grewal Randhir Singh Respondents

JUDGEMENT

(1.) By these three Revision Petitions, a Real Estate Developer, namely, M/s. Pavni Buildwell Pvt. Ltd., its Authorised Signatory and the Estate Officer, Opposite Parties No.1, 2 and 3 respectively in the Complaint, call in question the correctness and legality of a common order dated 12.11.2016, passed by the State Consumer Disputes Redressal Commission, Punjab at Chandigarh (for short "the State Commission") in First Appeals No.564, 565 and 566/2013. By the impugned order, while upholding the finding recorded by the District Consumer Disputes Redressal Forum, Patiala (for short "the District Forum") in Complaints No.CC/12/97, CC/12/172 and CC/12/174, in its common order dated 9.4.2013, to the effect that there was serious deficiency on the part of the Petitioners herein in the construction of the flats in question, the State Commission has dismissed the Appeals preferred by the Petitioners. The State Commission has come to the said conclusion on re-appraisal of the material placed on record by both the parties, observing thus :

(2.) The short grievance of the Petitioners in these cases is that while directing the Petitioners to pay to the Complainants, interest at the rate of 10% p.a. on the amount of penalty, admittedly paid by them to the Complainants in terms of Clause-25(b) of the Allotment Agreement, the Fora below exceeded its jurisdiction, more so when the Complainant had been duly compensated by way of penalty under the said Clause for delay in delivery of possession of the flats in question.

(3.) Having heard learned counsel appearing for the Petitioners and perused the documents on record, in particular, the afore-noted clause, we are of the view that there is no substance in the present Revision Petitions.