State Consumer Disputes Redressal Commission
V K Manchanda vs Parsvnath Developers Limited on 16 October, 2024
V.K. MANCHANDA VS M/S PARSVNATH DEVELOPERS LTD.
& ORS.
16.10.2024 IA-1917/2024 IN FA No. 81/24
1.The present application has been filed on behalf of the Appellant for stay on execution of sale of Plot No.068 at "Parsvnath Greens", Derabassi, Mohali. It is submitted by the Appellant who is an Advocate by profession and practicing in Delhi Courts that he had filed the Consumer Compliant No. 802 of 2014 before the District Commission with respect to deficiency in service for delayed possession and charging of illegal interest of Rs.2,04,857/- by the respondents with respect to a plot purchased in "Parsvnath Green" at Dera Basi, Mohali for a consideration of Rs.10,16,400/- and out of that amount the appellant had already paid 80% of the total consideration i.e. Rs.8,06,190/- till date. It is further submitted that the appellant had never prayed for refund of complete amount paid to the respondent but on the delayed possession only along with possession of the Plot. It is further submitted that it came to the knowledge of the appellant that the respondent has only taken advance towards the said Plot and the post-sale documents have not been executed, therefore, till date third party interest has not been created.
2. On the other hand, an affidavit of Mr. Shailendra Modi, AGM (CRM) of Parsvnath Developers Limited has been filed wherein it has been stated that Plot bearing No.68 situated in Project Parsvnath Greens, Derabassi has already been sold to Mrs. Prerna against total cost of Rs.31,68,000/- and Ms. Prerna has already paid an amount of Rs.5,50,000/- as advance booking on 22.05.2024.
Page 1 of 4V.K. MANCHANDA VS M/S PARSVNATH DEVELOPERS LTD.
& ORS.
16.10.2024 IA-1917/2024 IN FA No. 81/24
3. We have heard both the counsel of the parties and perused the record very carefully.
4. At the outset, we deem it appropriate to take note of the prayer prayed before the District commission, extracted hereunder for ready reference:
"(a) Further pass an order whereby held that opposite parties has committed great deficiency in service and intentionally, illegally & arbitrarily delayed the construction/ development of the project and handing over the possession of the flat.
(b) Further pass an order whereby directing the Opposite Party for not to raise any illegal demand under the head of interest on delay payment of installments.
(c) Further pass an order whereby directing the Opposite Parties to pay interest @ 24% per annum on deposited amount from March 31-07-2008 (as agreed in the agreement for possession) to till the date of possession of plot being penalty for delay possession.
(d) Further pass an order whereby directing the opposite party to pay Rs.5,00,000/- as damages and compensation for Mental & physical harassment and agony suffered by the complainant due great deficiency in service on the part of OP.
(e) Further pass an order whereby award exemplary cost of the complaint along with Advocate's fee & Misc. Expenses.
(f) Pass any other or further orders and relief as this Hon'ble Consumer Forum may deem fit and proper in the aforesaid circumstances."
5. A perusal of the aforesaid prayer makes it clear that the complainant/appellant had prayed before the District Commission that the respondent be directed not to raise any illegal interest demanded for delayed payment for delay caused by the Respondent and be directed to pay interest on the delayed possession till the possession of plot.
Page 2 of 4V.K. MANCHANDA VS M/S PARSVNATH DEVELOPERS LTD.
& ORS.
16.10.2024 IA-1917/2024 IN FA No. 81/24
6. Para No. 18 & 19 of the Impugned order dated 06.12.2023 has been reproduced hereunder for ready reference:
"17. In view of the unrebutted testimony of complainant and the documents relied upon, we hold OP/Parsvnath Developer Limited guilty of deficiency of service and unfair trade practices.
18. We accordingly direct OP/ Parsvnath Developer Limited to refund the amount of Rs.8,06,190/- (Rs. Eight Lakh Six Thousand One Hundred Ninety) to the complainant with interest @ 6% p.a. from the date of each deposit, within 4 weeks from the date of receipt of order, failing which OP will be liable to pay interest @ 9% p.a. till realization. We further award compensation of Rs.50,000/- (Rupees Fifty Thousand) for mental agony and harassment and Rs.25,000/- (Rupees Twenty Five Thousand) as cost of litigation."
7. A perusal of the aforesaid order makes it clear that District Commission directed the respondent/ opposite party to refund the amount of Rs.8,06,190/- with interest @6% p.a. from the date of each deposit within four weeks from the date of receipt of the order, failing which the respondent is liable to pay an interest of 9% p.a. alongwith compensation of Rs.50,000/- and Rs.25,000/- as litigation cost. However, the refund was not prayed by the appellant in its complaint filed before the District Commission, thereafter, the instant appeal was filed against the said order.
8. It has been stated by the JD that the plot in question bearing No.68 situated in Project Parsvnath Greens, Derabassi has already been sold to Mrs. Prerna who already paid a booking amount i.e. Rs.5,50,000/- out of Rs.31,68,000/- on 22.05.2024. Affidavit of Mr. Shailendra Page 3 of 4 V.K. MANCHANDA VS M/S PARSVNATH DEVELOPERS LTD.
& ORS.
16.10.2024 IA-1917/2024 IN FA No. 81/24 Modi, AGM (CRM) of Parsvnath Developers Limited has been filed in this regard. Alongwith affidavit, copy of receipt of the payment has been annexed as Annexure-A (colly). However, respondent has failed to file any other documents which show the execution of any documents in respect of sale of Plot No.068 at "Parsvnath Greens" Derabassi.
9. Since, the applicant/appellant has already made 80% payment of the total consideration of the plot in question to the JD and the present matter is in the appeal impugning order dated 06.12.2023 whereby District Commission directed JD to refund the paid amount of Rs.8,06,190/- alongwith interest which is not prayed before the District Commission by the appellant/complainant, till the disposal of the present appeal, respondent is directed not to execute of any documents in respect of sale of Plot No.068 at "Parsvnath Greens" Derabassi.
10. Accordingly, IA-1917/24 stands disposed off as allowed.
11. Application(s) pending with the same prayer, if any, stand disposed off.
12. Relist the matter on 19.11.2024.
(Pinki) Member (Judicial) (Justice Sangita Dhingra Sehgal) President Page 4 of 4