VIVEK SINGH PATHANIA Vs. PARKWOOD DEVELOPERS PRIVATE LIMITED
LAWS(NCD)-2020-1-127
NCDRC
Decided on January 03,2020

Vivek Singh Pathania Appellant
VERSUS
Parkwood Developers Private Limited Respondents

JUDGEMENT

V.K.Jain,J. - (1.) IA/6301/2019 (For c/delay in filing appeal) Heard. For the reasons stated in the application, the delay in filing the appeal is condoned. The application stands disposed of. FA/674/2019 No one is present for respondent no.1 despite service having already been affected upon it and a vakalatnama on its behalf also having already been filed. The complainants/appellants booked a residential apartment with the respondent Parkwood Developers Private Limited in a project namely 'Parkwood Glade' which respondent no.1 was to develop at Sante Majra, Kharar Landran Road, Sector-116 of SAS Nagar, Mohali. The price of the said flat was agreed at Rs.28,48,140/-. The complainants made a total payment of Rs.27,99,846/- to the developer. The possession however, was not delivered to them, though the developer paid them compensation amounting to Rs.1,38,600/- on account of delay in delivery of possession. The net amount paid to the complainants was Rs.1,24,740/- after deduction of income tax at source. The complainants therefore, approached the concerned State Commission by way of a Consumer Complaint seeking refund of the amount which they had paid to the developer alongwith compensation etc. Respondent no.2 HDFC Ltd. from which loan had been taken by the complainants, was impleaded as OP No.2 in the Consumer Complaint.
(2.) The complaints were resisted by the developer on several grounds including that the possession was delayed on account of circumstances beyond its control. The complaint was also resisted by the HDFC Ltd. on several grounds.
(3.) The State Commission, vide impugned order dated 26.09.2018, while dismissing the Consumer Complaint against HDFC Ltd., directed respondent no.1 as under: to refund the amount of Rs.27,99,846/- alongwith interest at the rate of 12% per annum with effect from Jan, 2018 till realization, as Rule 17 of PAPRA; it is made clear that first of all the dues of loan amount advanced by opposite party No. 2 in favour of complainants shall be refunded to opposite party No.2 and thereafter remaining amount, if any, shall be refunded to the complainants; and to pay Rs.40,000/- towards compensation on account of the mental agony and harassment suffered by the complainants as well as litigation expenses. 23. The Opposite Party No.1 shall comply with the above said directions within a period of one month, failing which it shall be liable to pay interest at the rate of 12% per annum on the amount of Rs.40,000/- from the date of order till the date of compliance".;


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