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CC/817/2018 MS. PARUL SINGLA & ANR. VS. M/S PARSVNATH DEVELOPERS LTD. DOD.: 19.10.2022
ALLOWED
PAGE 1 OF 13
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL
COMMISSION
Date of Institution: 03.07.2018
Date of hearing: 22.08.2022
Date of Decision: 19.10.2022
COMPLAINT CASE NO.- 817/2018
IN THE MATTER AOF
MS. PARUL SINGLA,
W/O MR. DEEP DAWAR,
R/O G-53, FLAT NO. 9,
EAST OF KAILASH, NEW DELHI
MR. DEEP DAWAR
S/O MR. C. B DAWAR
R/O G-53, FLAT NO. 9,
EAST OF KAILASH, NEW DELHI
(Through: Mr. Anuj Jain & Anita Sharma, Advocate)
…Complainant
VERSUS
M/S PARSVNATH DEVELOPERS LTD.
Regd. Office: 6th Floor, Arunanchal Building,
19, Barakhamba Road, New Delhi - 110001
(Through: KNM & Partners, Law Offices)
…Opposite party
CC/817/2018 MS. PARUL SINGLA & ANR. VS. M/S PARSVNATH DEVELOPERS LTD. DOD.: 19.10.2022
ALLOWED
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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, on being returned from the District Forum
vide order dated 07.06.2018 on the ground of pecuniary
jurisdiction, has been filed by the complainants before this
commission alleging deficiency of service on the part of Opposite
Party and have prayed the following reliefs:
a) to pass a direction to the Opposite Party and thereby
directing the Opposite Party to refund an amount of
Rs. 13,24,868, paid by the Complainants to the
Opposite Party as per the Flat Buyer Agreement dated
20.01.2008;
b) to pass a direction to the Opposite Party and thereby
directing the Opposite Party to pay an amount of
Rs.23,00,000/- to the complainants in the form of
Interest @ of 18 % per annum upon the amount of Rs.
13,24,868 which would be in the form of Damages and
Compensation for deficiency of services and for
adopting unfair and restrictive trade practices. The
amount of Interest @ of 18% has been calculated from
20 January' 2008 to 30th June 2016;
c) to pass a direction to the Opposite Party and thereby
directing the Opposite Party to pay to the complainants
Interest @ of 18 % per annum upon the amount of Rs.
13,24,868.83 till the realization of the said amount.
d) Cost of the Complaint and pleader's fee may kindly be
awarded in favor of the Complainants and against the
Opposite Party;
CC/817/2018 MS. PARUL SINGLA & ANR. VS. M/S PARSVNATH DEVELOPERS LTD. DOD.: 19.10.2022
ALLOWED
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e) Pass any such further order or direction as this
Hon'ble Court may deems fit, proper, necessary and
expedient.”
2. Brief facts necessary for the adjudication of the present complaint
are that the Complainants booked a flat bearing no. T-2/1901 with
the Opposite Party in the project ‘Parsvnath Privilege’ situated at
Greater Noida Uttar Pradesh. Thereafter, a flat buyer agreement
was executed between the parties on 20.01.2008. As per Clause
10(a) of Flat Buyer Agreement dated 20.01.2008, the Opposite
Party had 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
neither the construction of the said flat has been completed nor the
possession of the said flat has been handed over by the Opposite
Party. The complainants over the time had paid a sum of Rs.
13,24,868.83/- to the Opposite Party as and when demanded by it.
A legal notice dated 04.02.2016 was sent to the Opposite Party by
the complainants seeking refund of the amount paid by them
alongwith interest but was of no avail.
3. The Opposite Party has contested the present case and has raised
preliminary objections as to the maintainability of the complaint
