State Consumer Disputes Redressal Commission
Divya Sharma And Others vs Sahara Prime City Ltd on 24 September, 2021
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 Complaint Case No. CC/229/2015 ( Date of Filing : 01 Oct 2015 ) 1. Divya Sharma and others Lucknow ...........Complainant(s) Versus 1. Sahara Prime City Ltd Lucknow ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT PRESENT: Dated : 24 Sep 2021 Final Order / Judgement
ORAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW COMPLAINT NO. 229 OF 2015
01.Mrs. Divya Sharma W/o Late Rajiv Singh Sisodia R/o 8, B. T. School J C Bose Marg, Punjabi Colony Qaiserbagh, Lucknow
02.Rajiv Singh Sisodia (Dead) S/o Sri D S Sisodia R/o 8, B. T. School J C Bose Marg, Punjabi Colony Qaiserbagh, Lucknow 2/1. Yuvraj Singh Sisodia (Minor.) S/o Late Rajiv Singh Sisodia R/o 8, B. T. School J C Bose Marg, Punjabi Colony Qaiserbagh, Lucknow Through Guardian Mother Smt. Divya Sharma ....Complainants Versus
01.Sahara Prime City Limited Head Office:Sahara India Centre 2, Kapoorthala Complex, Aliganj Through Managing Director
02.Sahara Prime City Limited Sitapur Hardoi Bypass Road Near I.I.M. Lucknow-226020 Through Manager Sahara Prime City Limited J.M.D. Pasific Square First Floor, Near 32 Mile Stone Section 15, Part-2, NH-8 Gurgaon-122001,Through Director ....Opposite Parties BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT For the Complainant : Sri Hem Raj Mishra, Advocate.
For the Opposite Party : Sri Alok Kumar Srivastava, Advocate. Dated : 24-09-2021 JUDGMENT PER MR. JUSTICE ASHOK KUMAR, PRESIDENT
This is a complaint filed by the complainant Smt. Divya Sharma under :2: Section 17B of the Consumer Protection Act 1986 against the opposite parties.
This complaint is filed in the year 2015. Since then it is pending and due to adjournments sought by the Counsel for the opposite parties, fresh dates are given. Vide order dated 18-08-2017 the opposite parties were directed to submit the written argument while fixing the final hearing of the complaint on 05-09-2017. However, the newly engaged Counsel for the opposite parties has prayed for time to file the written argument. Since the matter is pending since last seven years, therefore, it is necessary to decide the complaint on its merits.
Learned Counsel for the complainant submits that the opposite parties have agreed to book a unit being Unit No. C5/604, Type 3 Bedroom on Sixth Floor, Area 117.91 sq. mtr. The said flat was allotted to the complainant for which the agreed amount to the tune of Rs.23,47,836/- has been paid by the complainant.
It is further submitted by the learned Counsel for the complainant that the complainant took the loan of Rs.19,00,000/- from the sister concern of the opposite parties which is indulged in the business of finance namely Sahara Housing Finance Corporation Limited. The said amount was though financed by the said Corporation but the same has been deposited in the account of the opposite parties. The complainant is regularly paying the EMI on the aforesaid loan, however, the Unit in question has not been handed over till date.
Learned Counsel for the complainant has placed reliance of Annexure-3 to the complaint which is an allotment letter issued by the opposite parties dated 29-10-2020 in which it is clearly mentioned as follows:-
"Possession of your unit is proposed to be handed over within 20 months from the date of Allotment, subject to force majeure and the fulfilment of clauses as per the Terms & Conditions mentioned in the Application Form."
In view of the aforesaid allotment letter the allotted Unit in the Sahara City Homes, Lucknow was to be handed over to the complainant by the opposite parties before Julty, 2012. However, even after more than nine years of the expiry of the aforesaid period, the Unit has not been handed :3: over to the complainant.
Having heard the learned Counsel for the parties and after perusal of the record, in my opinion the act of the opposite parties is wholly illegal, arbitrary and it is nothing but clearly harassment to the complainant No.01 who is a widow and whose husband died during the pendency of the present complaint and is taking care of the minor child after the death of her husband.
In view of the aforesaid, the complaint is allowed. The opposite parties are directed as follows:-
The opposite parties are directed to pay the entire amount which is realized from the complainant with interest at the rate of 18% per annum from the date of deposit till the date of payment.
Further the interest charged by the sister concern of the opposite parties namely M/s Sahara Housing Finance Corporation Limited has to be waived while calculating the payment to be made as the said amount has been received and paid by the complainant for the purpose of the Unit allotted to the complainant by the opposite parties.
Apart from that the opposite parties are directed to pay Rs.10,00,000/- (Rupees Ten Lacs only) as compensation to the complainant towards mental agony and harassment and Rs.1,00,000/- (Rupees One Lac only) towards cost of the case. The said amount will be paid by the opposite parties to the complainant within 30 days from today or before 25-10-2021.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission today itself.
( JUSTICE ASHOK KUMAR ) PRESIDENT Pnt.
[HON'BLE MR. JUSTICE ASHOK KUMAR] PRESIDENT