C.No. 1491/2017 D.O.D.: 14.12.2022

M/S ADVANCE ISPAT (INDIA) LTD. VS. M/S PARSVNATH DEVELOPERS LTD.

ALLOWED

PAGE 1 OF 10

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of Institution: 05.09.2017

Date of hearing: 13.09.2022

Date of Decision: 14.12.2022

COMPLAINT CASE NO.- 1491/2017

IN THE MATTER OF

M/S. ADVANCE ISPAT (INDIA) LTD.,

PLOT NO. 81,

PATPARGANJ INDUSTRIAL AREA,

DELHI-110092

(Through: Mr. Dilip Aggarwal, Advocate)

…Complainant

VERSUS

M/S. PARSVNATH DEVELOPERS LTD.,

REGD. OFFICE:

6^TH FLOOR, “ARUNACHAL”,

19, BARAKHAMBA ROAD,

NEW DELHI-110001

(Through: KNM & Partners, Law Offices)

…Opposite Party

C.No. 1491/2017 D.O.D.: 14.12.2022

M/S ADVANCE ISPAT (INDIA) LTD. VS. M/S PARSVNATH DEVELOPERS LTD.

ALLOWED

PAGE 2 OF 10

CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL

(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present:

None for the Parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL

(PRESIDENT)

JUDGMENT

1.

The present complaint has been filed by the Complainant before

this Commission alleging deficiency of service and unfair trade

practice by the Opposite Parties and has prayed the following:

a) Direct the respondent to refund the deposited amount of

Rs.24,37,470/- along with pendentelite & future interest@

24% per annum thereon since April 2006 till date of its

realization.

b) Direct

the

respondents

to

pay

non

pecuniary

damages/compensation of Rs.10,00,000/- to the complainant

for causing mental and physical harassment, mental shock,

agony, pain and suffering caused to the complainants due to

non refund of an amount of Rs.24,37,470/- along with

interest @24% per annum.

c) Direct the respondents to pay damages to the complainant

@ Rs.5/- per sq. ft. per month for each flat / unit area as per

clause 10(c) of flat buyer agreement dated- 14.08.2008 for

causing delay in delivery of flats/units in question to the

complainant since the day of booking of flats/units i.e. April

2006 till date of its realization.

d) Direct the respondent to pay the cost of legal charges of

Rs.2,00,000/- to the complainant.

C.No. 1491/2017 D.O.D.: 14.12.2022

M/S ADVANCE ISPAT (INDIA) LTD. VS. M/S PARSVNATH DEVELOPERS LTD.

ALLOWED

PAGE 3 OF 10

e) Any other relief as court deemed fit & proper in the facts

and circumstances as stated above.

2.

Brief facts for the adjudication of the present complaint are that the

Complainant booked a flat on 11.04.2006, in Project of Opposite

Party namely “Parsvnath Pleasant” situated at Dharuhera, Haryana

and paid a sum of Rs.9,00,000/-. Thereafter, the Complainant was

issued a provisional allotment letter dated 14.03.2007 for the Flat

No. T17-902. Further a Flat Buyer Agreement was executed between

the parties on 14.08.2008. As per Clause 10 (a) of the Flat Buyer

Agreement dated 14.08.2008, the Opposite Party has to complete the

construction of the said flat within 36 months from the date of

commencement of construction of the particular block in which the

flat is located. However, till date the construction of the said flat has

not been completed by the Opposite Party.

3.

The Complainant over the time had paid a sum of Rs. 24,37,470/- to

the Opposite Party as and when demanded by it. The Complainant

sent letter dated 02.02.2011 and 22.05.2014 to the Opposite Party

vide which he asked

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