PARSVNATH DEVELOPERS LTD. Vs. KEWAL KUMAR JAIN

JUDGEMENT

(1.) This First Appeal, under Section 19 read with Sections 21(a)(ii) & 22 of the Consumer Protection Act, 1986 (for short "the Act"), by a Real Estate Developer, namely, Parsvnath Developers Ltd., the sole Opposite Party in the Complaint under the Act, is directed against the order, dated 17.05.2017, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short "the State Commission") in Consumer Complaint No. 1 of 2016. By the impugned order, the State Commission has allowed the Complaint, directing the Appellant herein to pay to the Respondents/Complainants a sum of Rs. 33, 38, 873/-, along with interest @ 12% p.a. from the date of respective deposits till realization, besides Rs. 25, 000/- as compensation for rendering deficient services and Rs. 10, 000/- towards litigation expenses, within a period of 45 days from the date of receipt of the said order, failing which the entire amount would carry interest @ 18% p.a.

(2.) On 05.06.2008 the Complainants had booked a flat, admeasuring 1900 sq. ft., with the Appellant in its project, christened as "Parsvnath Preston" at Sonepat, Haryana. On 16.07.2008 the Flat Buyers Agreement was entered into between the parties. According to the said Agreement, the possession of the flat was to be handed over within 36 months, with grace period of six months. Though the Complainants had deposited a total sum of Rs. 33, 38, 873/- with the Appellant, the possession of the flat in question was not handed over to them, despite their repeated requests. In the said background, the afore-noted Complaint came to be filed before the State Commission, praying for the reliefs mentioned therein.

(3.) On consideration of the evidence adduced by the parties, the State Commission, as noted above, allowed the Complaint, issuing the afore-noted directions to the Appellant.