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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Prem Narain, Presiding Member
Bhupender Sharma —Complainant
versus
RPS Infrastructure Limited —Opp. Party
Consumer Case No.607 of 2017
Decided on 13.7.2017
Counsel for the Parties:
For the Complainant:Ms. Sujata Rao A., Advocate
IMPORTANT POINT
Items mentioned as monthly rent and amount to be spent on rectification cannot be taken into account for purpose of pecuniary jurisdiction.
Headnote:Consumer Protection Act, 1986—Section 21—Real estate—Flat Buyer’s Agreement—Claim for possession and registration of sale-deed—As per Section 21(a)(i) of Consumer Protection Act, 1986, National Commission is competent to entertain complaints where value of goods or services and compensation claimed exceeds Rs.1 Crore—Items mentioned as monthly rent and amount to be spent on rectification cannot be taken into account—Similarly, penalty of Rs.5 Lakhs for withholding possession of flat cannot be added because interest is already being allowed to be added—Complainant has prayed for different amounts just to satisfy pecuniary jurisdiction of National Commission—Value of flat alongwith interest and compensation claimed does not cross limit of Rs.1 crore and hence National Commission does not have peculiar jurisdiction to decide this complaint—Complaint dismissed for want of pecuniary jurisdiction—However, liberty granted to complainant to file complaint before appropriate forum having pecuniary jurisdiction in this regard. (Paras 6, 7 and 8)
Result: Complaint dismissed.
Prem Narain, Presiding Member—This consumer complaint has been filed by the complainant, Mr. Bhupnder Sharma against the Opposite Party, RPS Infrastructure Ltd.
2. The complainant has alleged that he had purchased Flat NO.D-09, SF, 2nd Floor, Plot No.D-09 in RPS Palms, Independent Floors Project at RPS City, Sector-88, Faridabad, Haryana from the original allottee Ms. Akta Ahuja wife of Shri Rajesh Ahuja. After execution of sale deed, complainant stepped into the shoes of Ms. Akta Ahuja. The original buyer’s Agreement was executed on 9.6.2010 and the OP was bound to handover the possession by 8.6.2012. The complainant had paid Rs.45,92,973/- to the OP towards the flat in question till 26.11.2016. The following prayers have been made:
“1. Pass Ex parte ad interim directions to the opposite party to register the sale deed of the aforesaid flat bearing No.D-09-SF, 2nd Floor, Plot No.D-09 in RPS Palms, Independent Floors Projects at RPS City, Sector-88, Faridabad, Haryana within 7 (seven) days of order to this effect.
2. Pass Ex parte ad interim directions to the opposite party to handover the possession of the aforesaid flat bearing no.D-09 SF, 2nd Floor, Plot No.D-09 in RPS Palms, Independent Floors Projects at RPS City, Sector-88, Faridabad, Haryana; within 7 (seven) days thereafter theexecution of Sale Deed.
3. Pass Ex parte ad interim directions to the opposite party to rectifyall the defects as pointed out by the complainant vide letter dated 2.11.2016 alongwith Unit Inspection/Defect list dated 6.11.2016 or in lieu of that appropriate repairing charges.
4. Hefty penalty of Rs.5,00,000/- for illegally and malafidely withholding the Fla despite receiving entire sale consideration price alongwith stamp duty and no dues are pending against the complainant.
5. A total sum of Rs.35,95,688/- as Monetary Compensation for the delay period in handing over the possession of the Unit from dated 9.6.2012 onwards till the date of filing the present complaint (as explained in Sub para D of para No.18 herein above).
6. Complainant is also entitled for future and pendentilte interest at the rate of 24% per annum till realizationon the award amount.
7. Monthly Rent amount paid by the complainant from dated 9.6.2012 onwards till the date of actual possession amounting of approx., Rs.13,76,000/-till the filing present complaint and thereafter.
8. Compensation for Mental agony and physicalharassment amounting of Rs.5,00,000/- (Rupees Five Lakhs only).
9. Litigation cost of Rs.55,000/-.
10. Pass any other order(s) in favour of the complainants and against the opposite party which this Hon’ble Commission deems fit and correct in the foregoing circumstances; in the interest of justice.”
3. Heard the learned counsel for the complainant at the admission stage and perused the record.
4. The learned counsel for the complainant stated that the total value of the complaint is Rs.1,14,13,078/- and therefore this Commission has the pecuniary jurisdiction to adjudicate this complaint. As the complainant did not have all the details of amounts demanded in the relief, the learned counsel submitted a separate list of item-wise detail dated 02.05.2017 and is as under:
Sl.No.
Particulars
Amount
1.
Cost of the Flat paid till the date (Entire amount paid alongwith stamp duty
Rs.45,92,973/-
2.
Penal interest over the deposited amount
Rs.41,15,105/-
3.
Monthly rent amount paid by the complainant from dated 9.5.2012
Rs.13,50,0000/-
4.
complainant vide letter dated 2.11.2016
Rs. 3,00,000/-
5.
Compensation for mental agony and physical harassment
Rs. 5,00,000/-
6.
Penalty for wrongly and illegally withholding the possession of flat
Rs. 5,00,000/-
7.
Litigation cost
Rs. 55,000/-
Total monetary value for the purp
