STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T. CHANDIGARH [ADDITIONAL BENCH]

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Exe. Application No. EA/51/2023 :

[U/s 72 of CPA, 2019]

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In CC/43/2011 Date of Institution 25/08/2023 Date of Decision 09/04/2024 Chanchal Soni W/o Sh. Lalit Soni, through Vijay Anand, GPA, Resident of House No. 330, Sector 4, Mansa Devi Complex, Panchkula – 134114 (Haryana).

……… Decree Holder V E R S U S

1. Parasvnath Developers Limited, through its Managing Director, 6^th Floor, Arunachal Building

19, Barakhamba Road, New Delhi - 110001.

Sanjeev Kumar Jain, Managing Director/CEO, Parasvnath Developers Limited, 6^th Floor, Arunachal Building 19, Barakhamba Road, New Delhi – 110001

2. Yudhvir Arora, Senior Manager, Parasvnath Pride Asia, Chandigarh No1., First Floor, Sector 26, Madhya Marg, Chandigarh.

Present Address: Parasvnath Royal Project, Behind Society No. 105, Sector 20, Panchkula.

3. Chandigarh Housing Board, through its Chairman, 9, Jan Marg, Sector 9, Chandigarh.

…… Judgment Debtors BEFORE: MRS. PADMA PANDEY PRESIDING MEMBER PREETINDER SINGH MEMBER --2--

PRESENT : Sh. S.M. Wadehra, Advocate for the Decree Holder.

Sh. Rohit Sharma, Advocate (on V.C) for Sh. Sat Pal Dhamija, Advocate for the Judgment Debtor Nos.1 & 2. Sh. Vishal Sodhi, Advocate for the Judgment Debtor No.3 (on V.C)

Ms. Indu Gupta, Senior Assistant, CHB (Judgment Debtor No.3).

PER PADMA PANDEY, PRESIDING MEMBER

1. By means of present order, we shall be disposing of the instant execution application filed by Mrs.Chanchal Soni, Complainant/ Decree Holder u/s 72 of the Consumer Protection Act, 2019, for execution of order dated 20.09.2011, passed by this Commission in Consumer Complaint No. 43 of

2011, wherein the following relief was given:-

“20. For the reasons, recorded above, the Complaint is partly accepted with costs of Rs.5000/-, in the following terms: -

(i) Parsvnath Developers Limited and the Chandigarh Housing Board are held liable jointly and severally to refund the amount of Rs.55,12,500/- deposited by the Complainant along with interest at the SBI Term Deposit rate, as applicable on the date of refund, with effect from the respective dates of deposits, till actual realization, as provided by Clause 9(d)

of the flat buyer agreement;

(ii) Parsvnath Developers Limited shall also pay compensation, for not offering the built up flat within 36 months @ Rs.107.60 per sq. mtr. (Rs.10/- per sq. ft.) of the super area of the unit, per month, from 05.10.2009, the last date of completion of the project, till actual payment to the --3--

Complainant is made, as provided by Clause 9(c) of the flat buyer agreement;

(iii)The aforesaid directions shall be complied with, by the OPs, without 30 days, from the date of receipt of a copy of the order, failing which they shall be liable to pay peal interest @12% p.a. on the aforesaid payable amounts.”

2. The Judgment Debtor No.1 assailed the aforesaid order dated 20.09.2011 passed by this Commission by filing First Appeal No.443 of 2011 before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi. Since the basic issue involved in the First Appeal was akin to the ones in which orders have already been passed by the Hon’ble National Commission on 08.09.2011 in Revision Petition No.396 of 2011, therefore, notice was issued by the Hon’ble National Commission vide its order dated 09.12.2011. The Hon’ble National Commission vide its order dated 08.09.2011 in Revision Petition No. 396 of 2011 directed the Judgment Debtors – Developer and CHB to deposit their respective parts of the amounts i.e. 70% - 30% of the principal amount in Escrow Account.

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3. In pursuance of the aforesaid order dated 08.09.2011, Judgment Debtor No.3 (CHB) had paid ₹16,53,750/- being 30% of the principal amount deposited and Judgment Debtor Nos.1 & 2 had paid an amount of ₹38,58,750/- being 70% of the principal amount totalling ₹55,12,500/-. However, interest at the SBI term deposit rate on the aforesaid principal amount, compensation for not offering the built up flat wit