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CC/1617/2016 MR. SUDESH JAIN VS. PARSVNATH DEVELOPERS LTD. DOD: 19.10.2022
ALLOWED PAGE 1 OF 14
IN THE DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION
Date of institution: 29.12.2016
Date of hearing: 22.08.2022
Date of Decision: 19.10.2022
COMPLAINT CASE NO.- 1617/2016
IN THE MATTER OF
MR. SUDESH JAIN,
S/O MR. JHUNNI LAL JAIN,
R/O 55, B. D ESTATE, MALL ROAD,
TIMARPUR, NEW DELHI - 110054
(Through: Mr. Ravinder Yadav, Advocate)
…Complainant
VERSUS
M/S PARSVNATH DEVELOPERS LTD.
HAVING ITS REGISTERED OFFICE AT :
6TH FLOOR ARUNACHAL BULIDING
19, BARAKHAMBA ROAD, NEW DELHI-110001
CORPORATE OFFICE AT:
PARSVNATH METRO TOWER,
NEAR SHAHDARA METRO STATION,
SHAHDARA, DELHI
(Through: KNM & Partners, Law Offices)
…Opposite Party
CC/1617/2016 MR. SUDESH JAIN VS. PARSVNATH DEVELOPERS LTD. DOD: 19.10.2022
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CORAM:
HON’BLE
JUSTICE
SANGITA
DHINGRA
SEHGAL
(PRESIDENT)
HON’BLE MS. PINKI, (JUDICIAL MEMBER)
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 on the part of
Opposite Party and has prayed the following reliefs:
A. Direct opposite Party to refund entire amount of Rs.
11,00,000/- along with interest @ 24% p.a from the date
of respective payment till its realization to the
complainant;
B. Direct the opposite party to pay damages of Rs
10,00,000/ to Complainants on account of losses, mental
agony, pain, suffering and harassment suffered due to
deficiency in service and unfair and deceptive trade
practice of the opposite party.
C. Impose exemplary costs upon the opposite party for the
cheating, misappropriation and delay in delivering
possession.
D. Award complainants Rs. 1,00,000/- as cost of this
litigation, And;
E. Pass any other or further orders/direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case.”
2.
Brief facts necessary for the adjudication of the present complaint
are that the complainant purchased the plot in question from Mr.
CC/1617/2016 MR. SUDESH JAIN VS. PARSVNATH DEVELOPERS LTD. DOD: 19.10.2022
ALLOWED PAGE 3 OF 14
Sunil Wadhwani (original allottee) in the year 2006. Thereafter,
the name of the Complainant was endorsed in the records of the
Opposite Party and the Opposite Party also confirmed the
substitution of Complainant’s name in place of original allottee
vide letter dated 05.07.2006. The plot of 400 sq. yds. was booked
in the project ‘Parsvnath City’ at Sonepat, Haryana of the Opposite
Party. An amount of Rs. 11,00,000/- was paid to the Opposite
Party for the said plot. The Clause (c) of the Advance Registration
Form clearly states that in the event the residential plot is allotted
after 9 months, simple interest @ 10% per annum shall be paid to
the buyer for the period delayed beyond 9 months on the amount
paid by the buyer as advance till such time the allottee are allotted
a residential plot or adjusted against the price of the plot to be
allotted to the buyer. However, till date neither the allotment nor
the possession of the said plot has been given by the Opposite
Party. The Complainant sent various communications to the
Opposite Party to know about the progress of the allotment of plot
but no satisfactory response was given by the Opposite Party.
3.
The counsel for the Complainant further submitted that the
Opposite Party do not have the necessary sanction and lic
