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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. S.M. Kantikar, Presiding Member and Dinesh Singh, Member
Amrita Rosha Jain —Appellant
versus
Bhavendra Kumar and Ors. —Respondents
First Appeal No.2273 of 2017
(Against the Order dated 21/03/2017 in Complaint No. 155/2015 of the State Commission Punjab)
Decided on 17.1.2019

Counsel for the Parties:
For the Appellant:Mr. Sukumar Pattjoshi, Sr. Advocate with Mr. Sunil Mund, Mr. Somesh Dubey, Mr. Manvendra Singh, Mr. Siddharth Bhatli and Mr. Rakshith Srivastava, Advocates

IMPORTANT POINT
Builder is bound to compensate for loss and injury suffered by complainant for failure to deliver possession.
Appeals dismissed.IMPORTANT POINT
Builder is bound to compensate for loss and injury suffered by complainant for failure to deliver possession.

Headnote:Consumer Protection Act, 1986—Sections 17, 19 and 21—Real estate—Booking of residential expandable villa—Denial of possession—State Commission directed to refund amount of Rs.24,00,000/- along with 12% interest, to pay Rs.2,00,000/-, as compensation and Rs.20,000/-, as litigation expenses—Delay of 26 days in filing appeal—Builder is bound to compensate for loss and injury suffered by complainant for failure to deliver possession—No reason on fact or law to interfere with findings of State Commission to the effect that appellants are liable to refund amount deposited by respondent/complainant with interest and with compensation and litigation expenses—Appeals dismissed. (Paras 37 to 40)

       Result: Appeals dismissed.

       

ORDER

The instant matter relates to 3 f. a. s filed by the appellant – one director of the builder co. under section 19 of the Consumer Protection Act, 1986 against the State Commission’s Orders (3 nos.) dated 21.03.2017, 23.02.2017 and 02.03.2017 whereby the State Commission directed the opposite parties – three directors of the builder co. to refund the deposited amount (Rs.24,00,000/-; Rs. 25,00,000/-; Rs. 25,00,000/-) to the respondents – complainants; with interest (@ 12% p.a.; @ 12% p.a.; @ 12% p.a.) from the respective dates of deposit till realization; compensation (Rs.2,00,000/-; Rs.2,00,000/-; Rs.2,00,000/-); and litigation expenses (Rs.20,000/-; Rs.20,000/-; Rs.25,000/-).

2. We heard the learned counsel for the appellant – director of the builder co. and perused the material on record.

3. First appeals no. 2273 of 2017, 2274 of 2017 and 2275 of 2017 have arisen from consumer complaints no. 155 of 2015, 287 of 2015 and 314 of 2015 before the State Commission. In the said c.c.s (3 nos.), the parties were:—

Bhavendra Kumar

– Complainant in C.C. No. 155 of 2015

Munish Kanwar

– Complainant in C.C. No. 287 of 2015

Tirlochan Singh

– Complainant in C.C. No. 314 of 2015

versus

1. Sh. H. S. Anand, Director, Mariners Buildcon India Ltd.C-10, Kailash Colony,New Delhi-110048   –

Opposite Party No.1

 

2. Mrs. Harjas Kaur Anand, Director, Mariners Buildcon India Ltd. C-10, Kailash Colony, New Delhi-110048

Opposite Party No.2

3. Amrita Rosha D/o Rajinder Singh Rosha, Director, Mariners Buildcon India Ltd., M-131, Greater Kailash
Part-I, New Delhi-110048

Opposite Party No.3



The opposite party no. 3, Amrita Rosha, Director, Mariners Buildcon India Ltd., is the appellant herein in the instant f.a.s no. 2273 of 2017, 2274 of 2017 and 2275 of 2017.

4. The salient material facts and the specific awards made in the 3 c.c.s are depicted in tabular form below:—

C.C. No. (F.A. No.)

Amount deposited by the Complainant with the builder co./its functionaries

Dates of deposits Date of Institution of Complaint Date of State Commission’s Order

Assured Date of Delivery

Newspaper in which Publication made for effecting service

Refund the deposited amount with interest

Award expenses

Compensation Litigation

155 of 2015 (f.a. 2273 |of 2017)

Rs.24,00,000/-

31.12.2009, 20.05.2010, 20.01.2011, 10.09.2012, 15.07.2013 02.07.2015 21.03.2017 11.10.2010,

end of 2012

 The Times of India

Rs.24,00,000/- + @12% p.a. from the respective dates of deposits till realization

Rs.2,00,000/- Rs.20,000/-

 

287 of 2015 (f.a. 2274 of 2017)

Rs.25,00,000/-

29.01.2011, 10.09.2012, 15.07.2013 02.11.2015 23.02.2017

end of 2012

Daily Tribune

Rs.25,00,000/- + @12% p.a. from the respective dates of deposits till realization

Rs.2,00,000/- Rs.20,000/-

 

314 of 2015 (f.a. 2275 of 2017)

Rs.25,00,000/-

02.02.2008, 11.08.2010, 12.02.2011, 10.09.2012, 15.07.2013 07.12.2015 02.03.2017

end of 2012

The Times of India

Rs.25,00,000/- + @12% p.a. from the respective dates of deposits till realization

Rs.2,00,000/- Rs.25,000/-

 

5. We note that these 3 f. a. s have similar facts and same questions of law involved.

We are taking f. a. no. 2273 of 2017, arising from the Order dated 21.03.2017 of the State Commission in c.c. no. 155 of 2015, Amrita Rosha Jain vs. Bhavendra Kumar & Ors., as the lead-case.

6. The facts, as taken from the lead-case, first appeal no. 2273 of 2017, and as recorded in para 2 of the Order dated 21.03.2017 of the State Commission in c.c. no. 155 of 2015, are as below:—

2. The relevant brief facts of the case as averred in the complaint are that the complainant, namely Bhavendra Kumar S/o Sh. Piush Kumar has filed his complaint. The complainant was ind











































































































































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