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Girwar Singh Jakhar & Another v/s M/s. Earth Infrastructures Ltd.


Company & Directors' Information:- C K INFRASTRUCTURES LIMITED [Active] CIN = U70200DL1997PLC089706

Company & Directors' Information:- EARTH INFRASTRUCTURES LIMITED [Active] CIN = U45400DL2007PLC164905

Company & Directors' Information:- D B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U04520MP2006PTC018493

Company & Directors' Information:- R S INFRASTRUCTURES LIMITED [Active] CIN = U45201PB1997PLC020316

Company & Directors' Information:- EARTH CORPORATION LIMITED [Active] CIN = U45400MH2007PLC171045

Company & Directors' Information:- K R INFRASTRUCTURES LIMITED [Active] CIN = U73100TG1992PLC013995

Company & Directors' Information:- SINGH INFRASTRUCTURES (INDIA) PRIVATE LIMITED [Amalgamated] CIN = U45203DL2005PTC134734

Company & Directors' Information:- I M B INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102DL2009PTC195079

Company & Directors' Information:- Y K M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45202CH2006PTC029960

Company & Directors' Information:- R 3 INFRASTRUCTURES LIMITED [Active] CIN = U45400DL2014PLC268953

Company & Directors' Information:- P G M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U01119AP2007PTC054326

Company & Directors' Information:- N H INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209CH2010PTC032243

Company & Directors' Information:- Y D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2009PTC037603

Company & Directors' Information:- C 4 INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201MH2013PTC242843

Company & Directors' Information:- B S V R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064901

Company & Directors' Information:- V AND K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2001PTC036581

Company & Directors' Information:- J L INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066965

Company & Directors' Information:- T & C INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060995

Company & Directors' Information:- U R C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058894

Company & Directors' Information:- R V A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70102UP2013PTC056289

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74110DL2005PTC134967

Company & Directors' Information:- S R G INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC134967

Company & Directors' Information:- N. C. R. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034623

Company & Directors' Information:- P T INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U51909DL2007PTC159635

Company & Directors' Information:- S. L. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203PB2007PTC031300

Company & Directors' Information:- V C H INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45203KL2011PTC028762

Company & Directors' Information:- P A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45208TN2009PTC071929

Company & Directors' Information:- A E K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45309TN2009PTC071702

Company & Directors' Information:- K G N INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74200DL2007PTC167982

Company & Directors' Information:- M A M INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109KA2012PTC062160

Company & Directors' Information:- P N INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012647

Company & Directors' Information:- R S INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45206TN2013PTC091533

Company & Directors' Information:- J S K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200MH2005PTC156097

Company & Directors' Information:- S A INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400WB2013PTC192691

Company & Directors' Information:- L & W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200DL2008PTC182372

Company & Directors' Information:- K R R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC061194

Company & Directors' Information:- INFRASTRUCTURES PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200JH2007PTC012792

Company & Directors' Information:- S AND A INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206UR2012PTC000345

Company & Directors' Information:- J & K INFRASTRUCTURES LIMITED [Active] CIN = U40101JK2009PLC003034

Company & Directors' Information:- V. J. S. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035636

Company & Directors' Information:- H K JAKHAR PVT LTD [Strike Off] CIN = U63022RJ1979PTC001926

Company & Directors' Information:- K R M INFRASTRUCTURES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073850

Company & Directors' Information:- M D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201CH2001PTC024224

Company & Directors' Information:- V K INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC034415

Company & Directors' Information:- JAKHAR CORPORATION PRIVATE LIMITED [Active] CIN = U45209CH2012PTC033763

Company & Directors' Information:- EARTH INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC056118

Company & Directors' Information:- K Y INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127815

Company & Directors' Information:- A K C INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45200KL2010PTC025716

Company & Directors' Information:- D N D INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45203PN2008PTC133243

Company & Directors' Information:- G V R INFRASTRUCTURES INDIA PRIVATE LIMITED [Strike Off] CIN = U45209AP2008PTC059504

Company & Directors' Information:- K & K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120KA2006PTC040900

Company & Directors' Information:- A & G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U31900PB2012PTC036358

Company & Directors' Information:- Y R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45201RJ2015PTC047298

Company & Directors' Information:- U D INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203382

Company & Directors' Information:- J W INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U74120MH2015PTC268554

Company & Directors' Information:- G AND G INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC147316

Company & Directors' Information:- A. N. Y. INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45206MH2013PTC243735

Company & Directors' Information:- J V S M S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200TG2010PTC070371

Company & Directors' Information:- K S V V INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45209TG2010PTC069359

Company & Directors' Information:- A V R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC186399

Company & Directors' Information:- A P S INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC248564

Company & Directors' Information:- R R INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150324

Company & Directors' Information:- S D P INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45200HR2013PTC048666

Company & Directors' Information:- B P K INFRASTRUCTURES PRIVATE LIMITED [Active] CIN = U45203KA2009PTC049331

Company & Directors' Information:- T M R INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC054647

Company & Directors' Information:- I-EARTH INDIA PRIVATE LIMITED [Active] CIN = U70109RJ2020PTC072378

    Consumer Case Nos. 480, 481 of 2017

    Decided On, 03 January 2018

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Complainants: Sameer Abhyankar, Girwar Singh Jakhar, Advocates. For the Opposite Parties: Ashita Chhibber, Advocate.



Judgment Text

Oral:

CC No.480 of 2017

In CC No.480 of 2017, the complainant Girwar Singh Jakhar booked a residential flat with the OP in a project, namely, ‘Earth Copia’ which the said OP was to develop in Sector 112 of Gurgaon. Vide letter dated 6.4.2012, a residential unit bearing No.703 in Tower-A of the proposed project was allotted to the complainant, pursuant to the application submitted by him on 21.6.2011. The sale price for the said flat was agreed at Rs.8959200/-. An Apartment Buyer’s Agreement dated 31.5.2012 was then sent by the OP to the complainant. As per the proposed agreement, the total cost of the apartment was Rs.11442936/-, inclusive of Preferential Location Charges (PLC) and additional costs detailed in the document. As per clause 11 of the proposed agreement, the possession was to be delivered within 36 months from the date of execution of the said agreement though the OP had a grace period of six months available to it. The complainant, however did not execute the said agreement and rather sent an email to the opposite party objecting to the PLC stipulated in the said agreement on the ground that the said charges were different from the charges mentioned in the price list made available to him at the time of booking the flat. The complainant, however, continued making further payments to the OP and his case is that despite he having already paid Rs.10778552/- to the OP, the possession of the flat was not offered to him and in fact the construction is nowhere near completion. The complainant is, therefore, before this Commission, seeking refund of the amount paid by him along with compensation in the form of interest @ 24% per annum, in addition to compensation for the mental agony and harassment suffered by him.

CC No.481 of 2017

2. The complainant in CC No.481 of 2017, namely, Divya Jakhar also booked a residential flat with the opposite party in the same project and vide letter dated 1.6.2012, Unit No.802 on the 8th floor of the complex was allotted to her. She executed an Apartment Buyer’s Agreement with the opposite party on 6.6.2012 and as per clause 11 of the said agreement, the possession was proposed to be delivered within 36 months of its execution though the OP had a grace period of 6 months available to it. The possession to the aforesaid complainant has not been offered and the construction of her flat is not complete despite she having already paid Rs.7965465/- to the OP. Therefore, she is also seeking refund of the amount paid by her to the opposite party along with compensation in the form of interest etc.

3. The opposite party did not file the written version despite service on 27.3.2017. The right of the opposite party to file the written version therefore was closed vide order dated 26.5.2017. I have heard the learned counsel for the parties and have considered the affidavits filed by the complaints by way of evidence.

4. It is evident from clause 13 of the Buyer’s Agreement executed in CC No.481 of 2017 that the possession ought to have been delivered at best within 3 and a half years of the execution of the said agreement. The agreement having been executed on 6.6.2012, the possession ought to have been delivered to her by 6.12.2015. In CC No.480 of 2017, the Buyer’s Agreement was not executed by the complainant and he was justified in refusing to execute the same since the Preferential Location Charges for the corner/road were more than what had been stipulated in the price list provided to him at the time of booking. At the time of booking, the PLC for the corner/road was Rs.75 per sq.ft. as per the price list made available to the above-referred complainant. The amount mentioned in the proposed Buyer’s Agreement towards PLC for corner/road was Rs.657800/-, which was much higher calculated @ 75/- per sq.ft. Moreover, this is also the case of the complainant that though the flat is not situated in front of a park, the Preferential Location Charges in respect of park facing flats were demanded from him. If this is so, the complainant was justified in refusing to execute the Buyer’s Agreement on account of park facing charges claimed in the proposed Buyer’s Agreement. More importantly, even if I go by the date which the opposite party had given on the proposed Buyer’s Agreement, the possession ought to have been delivered by 30.11.2015 since the date given on the Buyer’s Agreement was 31.5.2012.

5. Since the possession of the flats has not been offered to the complainants and the construction of the said flats is not complete, they are entitled to refund of the principal amount paid by them to the opposite party along with appropriate compensation in the form of interest. No specific evidence has been led by the complainants to prove their actual loss on account of the failure of the opposite party to deliver possession of the flats allotted to them though in CC No.480 of 2017, the complainant has filed the documents evidencing the loan taken by him for purchasing another flat. The said loan was taken from HDFC Bank at variable rate of interest which at the time of taking the loan in the year 2015 was 9.85%. However, considering the downward trend in the rate of interest, the variable rate of interest which the complainant is to pay to HDFC Bank has come down and, therefore, actual interest payable by him to HDFC Bank would be less than 9.85% p.a.

As far as the complainant in CC No.481 of 2017 is concerned, admittedly no loan was taken by her and no evidence has been led by her to prove her actual financial loss. Though the complainant in CC No.480 of 2017 claims to be paying rent at the rate of about Rs.20,000/- per month, the rental value would be much less as compared to the interest being paid by him on the loan taken from HDFC Bank. In fact, the rental value of the flat would be much less even then the interest one can earn by investing his money in the fixed deposit of a bank.

6. Considering all the facts and circumstances of the case including the recent downward trends in the rates of interest and the value of the immovable properties, I am of the considered view that the complainant should be awarded compensation in the form of simple interest @ 10% per annum from the date of each payment made by them to the opposite party till the date on which the entire principal amount along with compensation in the form of interest is actually refunded to them. The complaints are therefore, disposed of with the following directions:-

(1) In CC No.480 of 2017, the opposite party shall refund the entire principal amount of Rs.10778552/- to the complainant along with compensation in the for

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m of simple interest @ 10% p.a. from the date of each payment till the date on which the entire principal amount along with compensation in the form of simple interest is actually refunded. (2) In CC No.481 of 2017, the opposite party shall refund the entire principal amount of Rs.7965465/- to the complainant along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date on which the entire principal amount along with compensation in the form of simple interest is actually refunded. (3) The opposite party shall pay Rs.25,000/- each as the cost of litigation in both the complaints. (4) The payment in terms of this order shall be made within three months from today.
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