National Consumer Disputes Redressal
Sumit Kumar vs Orris Infrastructure Pvt. Ltd. on 5 May, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 1116 OF 2017 1. SUMIT KUMAR S/o. Dr. Shree Ram, R/o. B - 42, Ground Floor, Shankar Garden, Vikaspuri, New Delhi - 110018 ...........Complainant(s) Versus 1. ORRIS INFRASTRUCTURE PVT. LTD. Through its Managing Director, RZ-D-5, Mahavir Enclave, New Delhi - 110045 ...........Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER
For the Complainant : Ms. Monica Anand Kumar, Advocate Mr. Madhur, Advocate For the Opp.Party : Dated : 05 May 2017 ORDER
The complainant booked a residential flat with the opposite party for a total sale consideration agreed at Rs.4,0222,00/-. The complainant claimed to have paid a total sum of ₹44,12,152/- on account of the super area having increased. The grievance of the complainant is that though the construction was required to be completed and possession was required to be handed over to him within 42 months from the execution of the buyers' agreement or sanction of the plan or commencement of construction, whichever be later, the opposite party has failed to offer possession of the flat booked by him till date.
2. The complainant, is therefore before this Commission with the following prayers:-
"(a) Direct the opposite party to refund the amount paid so far by the complainant i.e. Rs.44,12,152/- (Rupees Forty Four Lakhs Twelve Thousand One Hundred and Fifty Two only), to the complainant together with interest of Rs.41,03,064/- (Rupees Forty One Lakhs Three Thousand and Sixty Four only) calculated @ 18% per annum (simple interest) from the date of payment of respective instalments by the complainant till 18.04.2017 (as per Annexure C-6), in favour of the complainant. Also, interest at the same rate for the period after 18.04.2017 till the date of payment of entire amount by the opposite party to the complainant, may also be awarded in favour of the complainant.
Or in the alternative (in case the opposite party promises timely delivery of possession of the said flat in reasonable time, and if so accepted by the complainant).
Direct the opposite party to handover the possession of the residential flat measuring 1587 sq. ft. bearing Apartment No.803, on 8 Level, in Tower 3A, in a residential complex "Aster Court", being developed in Village Badha, Sector-85, Tehsil and District Gurugram, in the state of Haryana, complete in all respects to the complainant immediately without any additional charges/levies etc., and execute all the necessary and required documents and pay incidental costs including enhancement in registration costs over and above the registration cost payable in June 2015 in respect of the said flat, in favour of the complainant. Also, direct the OP to pay interest @ 18% per annum compounded quarterly from 16.06.2014 (i.e. the date when possession of the said flat ought to have been delivered by the OP) on the said flat ought to have been delivered by the OP) on the amount paid so far by the complainant till the date of handling over actual physical possession of the said flat by the OP to the complainant.
(b) Direct the OP to pay a sum of Rs.7,28,624/- (Rupees Seven Lakhs Twenty Eight Thousand Six Hundred and Twenty Four Only) to the complainant towards the interest borne/paid by the complainant on the loans and advances taken by them from various sources. Also, direct the OP to pay interest thereon calculated @ 18% per annum compounded monthly from 18.04.2017 till the date of its payment by the OP to the complainant.
(c) Direct the opposite party to pay a sum of Rs.3,72,152/- to the complainant towards unauthorized increase of super area from 1450 sq. ft. to 1587 sq. ft. by the OP.
(d) Direct the OP to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the complainant as per para 34 above, towards damages/compensation for the deficient services, unethical trade practices and restrictive trade practices adopted by the OP, and towards the physical and mental torture, agony, discomfort and undue hardships suffered by the complainants as a result of the above acts/omissions on the part of the OP.
(d) Direct the OP to pay a sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) to the complainants towards the cost of litigation."
3. In terms of the section 21 of the Consumer Protection Act, this Commission possesses pecuniary jurisdiction to a entertain complaint where the value of goods or services as the case may be, and compensation, if any, claimed exceeds ₹1 crore. The value of the services in such matters would be agreed sale of consideration as held by three Members' Bench of this Commission on 07.10.2016 in CC No.97 of 2016 - Ambrish Kumar Shukla & Ors. Vs. Ferrous infrastructure Pvt. Ltd.
4. Neither Hon'ble Supreme Court nor this Commission has awarded compensation in the form of interest at a rate higher than 18% interest per annum in such matters. If the compensation in the form of interest @18% per annum is calculated on the entire amount paid by the complainant and is added either to the agreed sale consideration or even to the amount paid by the complainant, the aggregate does not come to ₹1 crore. The complaint therefore ought to be instituted before the concerned State Commission. The complainant cannot be allowed to by-pass the scheme of division of the pecuniary jurisdiction under the Consumer Protection Act by making fanciful or exaggerated claims for compensation which have absolutely no legal basis or sanctity. The highest compensation possible in such cases if added to the agreed sale consideration or to the amount paid by the complainant which is stated to be higher than the agreed sale consideration, comes to less than ₹1 crore. Therefore, this Commission does not possess the requisite pecuniary jurisdiction to entertain the present complaint.
5. For the reasons stated above, the present complaint is dismissed with liberty to the complainant to file a fresh complaint before the concerned State Commission after making suitable amendments therein.
......................J V.K. JAIN PRESIDING MEMBER