w w w . L a w y e r S e r v i c e s . i n



M2K Infrastructure Pvt. Ltd. v/s Ujjawal Kumar & Others


Company & Directors' Information:- G K S INFRASTRUCTURE LIMITED [Active] CIN = L45400DL1985PLC021038

Company & Directors' Information:- A INFRASTRUCTURE LIMITED [Active] CIN = L25191RJ1980PLC002077

Company & Directors' Information:- K D P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054780

Company & Directors' Information:- K P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203GJ2004PTC043482

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- B & G INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U40105TN2001PTC047408

Company & Directors' Information:- O B INFRASTRUCTURE LIMITED [Active] CIN = U45200TG2006PLC049067

Company & Directors' Information:- K U INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45206TG2008PTC096209

Company & Directors' Information:- Y T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2010PTC206409

Company & Directors' Information:- N K B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200HR2011PTC042402

Company & Directors' Information:- R K D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209WB2009PTC131919

Company & Directors' Information:- B AND B INFRASTRUCTURE LIMITED [Active] CIN = U85110KA1987PLC008488

Company & Directors' Information:- K A J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2011PTC217204

Company & Directors' Information:- U C C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2003PTC139844

Company & Directors' Information:- R L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102UP2010PTC041755

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- B S R INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101KA2006PTC038204

Company & Directors' Information:- B N A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC163769

Company & Directors' Information:- S K J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45102MH2001PTC131284

Company & Directors' Information:- K B A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2009PTC194291

Company & Directors' Information:- V P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082368

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- D G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45401MH2004PTC146369

Company & Directors' Information:- E K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066962

Company & Directors' Information:- A & A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1976PTC008196

Company & Directors' Information:- K L N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2013PTC070361

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- G. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2005PTC152633

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- K. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC165014

Company & Directors' Information:- M2K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2002PTC117558

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- M AND S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC083038

Company & Directors' Information:- G B K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2008PTC177202

Company & Directors' Information:- G K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2005PTC046213

Company & Directors' Information:- G S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125377

Company & Directors' Information:- V K M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034606

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- S. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155904

Company & Directors' Information:- B. N. S. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC206202

Company & Directors' Information:- B G M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2011PTC162415

Company & Directors' Information:- S M V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155016

Company & Directors' Information:- K S INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101MP2006PTC020722

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- D L H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U52600JH2010PTC014524

Company & Directors' Information:- S N N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2011PTC059893

Company & Directors' Information:- G. V. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2012PTC234078

Company & Directors' Information:- S A P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141285

Company & Directors' Information:- K S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175908

Company & Directors' Information:- N P L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400CH2009PTC031638

Company & Directors' Information:- K. E. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2012PTC225658

Company & Directors' Information:- P A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155015

Company & Directors' Information:- G S T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2006PTC160073

Company & Directors' Information:- P J INFRASTRUCTURE PVT LTD [Active] CIN = U45200MH2006PTC159217

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- A V C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102TG2007PTC056671

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- I V M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC073968

Company & Directors' Information:- KUMAR INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200BR2005PTC011486

Company & Directors' Information:- U S INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74999DL2002PTC117525

Company & Directors' Information:- B G R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2012PTC065026

Company & Directors' Information:- N. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2006PTC049520

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- N B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009989

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- J N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009789

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- C C I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063617

Company & Directors' Information:- A Q INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203965

Company & Directors' Information:- A B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2004PTC144994

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- L V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TG2006PTC051289

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- G A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999DL2007PTC158113

Company & Directors' Information:- S & I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2007PTC037191

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- D L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CT2018PTC008919

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- L R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45402TN2007PTC064029

Company & Directors' Information:- G. D. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45209MH2010PTC208011

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- A R K INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2015PTC100714

Company & Directors' Information:- B K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC136992

Company & Directors' Information:- R A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC143884

Company & Directors' Information:- C. A. D. INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MP1997PTC012280

Company & Directors' Information:- B R G INFRASTRUCTURE LIMITED [Active] CIN = U45201GJ2008PLC052708

Company & Directors' Information:- O P L INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101HR2009PTC039553

Company & Directors' Information:- C M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122794

Company & Directors' Information:- L & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KA2008PTC046271

Company & Directors' Information:- R. S. V. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100WB2008PTC127373

Company & Directors' Information:- S KUMAR INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U45203PB2008PTC032431

Company & Directors' Information:- C D E INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2012PTC235483

Company & Directors' Information:- V & B INFRASTRUCTURE (I) PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2010PTC206803

Company & Directors' Information:- D B G INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209PN2010PTC137319

Company & Directors' Information:- C & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74210PN2008PTC133179

Company & Directors' Information:- M N V INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202AN2010PTC000130

Company & Directors' Information:- S C N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U67200TG1995PTC021606

Company & Directors' Information:- S P H R INFRASTRUCTURE PVT LTD [Strike Off] CIN = U45209WB2006PTC109280

Company & Directors' Information:- J V INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2005PTC139686

Company & Directors' Information:- S I S INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U70200DL2014PTC263278

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- M S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084032

Company & Directors' Information:- Z M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200GJ2010PTC063179

Company & Directors' Information:- J B C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203PN1998PTC112753

Company & Directors' Information:- J K L INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG1998PTC030087

Company & Directors' Information:- R L E S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45309TN2008PTC069251

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- H. G. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2007PTC049740

Company & Directors' Information:- AND INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999PY2016PTC008099

Company & Directors' Information:- J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200UR2012PTC000254

Company & Directors' Information:- T S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100MP2008PTC021187

Company & Directors' Information:- G T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2011PTC064637

Company & Directors' Information:- G L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050660

Company & Directors' Information:- M I J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125213

Company & Directors' Information:- B T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2004PTC043463

Company & Directors' Information:- S B H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U60231MH2011PTC217039

Company & Directors' Information:- Z & B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70200MH2007PTC166887

Company & Directors' Information:- S & O INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2011PTC214034

Company & Directors' Information:- D P S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159955

Company & Directors' Information:- T S A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065137

Company & Directors' Information:- V B G INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100TG2010PTC069278

Company & Directors' Information:- G S V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2008PTC059195

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- V N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203928

Company & Directors' Information:- K K S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC159678

Company & Directors' Information:- U R INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127085

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- S S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC137437

Company & Directors' Information:- D S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138026

Company & Directors' Information:- A J S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140640

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- V INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200DL2009PTC191676

Company & Directors' Information:- K W INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC224462

Company & Directors' Information:- A S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC279049

Company & Directors' Information:- J V B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC283560

Company & Directors' Information:- A K S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2012PTC236675

Company & Directors' Information:- M. A. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC158810

Company & Directors' Information:- G S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155120

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- R. R. G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC170567

Company & Directors' Information:- B P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC179121

Company & Directors' Information:- M & H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U80904DL2007PTC166303

Company & Directors' Information:- B H I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101MP2012PTC029256

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- C D INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74900HR2007PTC037175

Company & Directors' Information:- R J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2009PTC055941

Company & Directors' Information:- B R B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC053682

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203GJ2003PTC042641

Company & Directors' Information:- A AND H INFRASTRUCTURE LIMITED [Strike Off] CIN = U45203MH1998PLC117368

Company & Directors' Information:- D L C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201PB2007PTC031022

Company & Directors' Information:- R S J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45300DL2007PTC167583

Company & Directors' Information:- N K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC156614

    First Appeal No. 686 of 2013

    Decided On, 27 September 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE R.K. AGRAWAL
    By, PRESIDENT & THE HONOURABLE MR. DINESH SINGH
    By, MEMBER

    For the Appellant: Rohit Sharma, Advocate, Anil Agarwal, A.R. For the Respondents: Sharan Sethi, Advocate.



Judgment Text

1. The instant First Appeal has been filed under section 19 of The Consumer Protection Act, 1986, hereinafter referred to as the Act, challenging the Order dated 19.08.2013 of the State Consumer Disputes Redressal Commission Haryana, hereinafter referred to as the State Commission, in C.C. No. 49 of 2013 whereby the State Commission has accepted the Complaint and directed the Opposite Party Builder Co. to refund the respective deposited amounts to the Complainants with interest at the rate of 9% per annum from the dates of respective deposits till realisation and Rs.22,000/- each for mental agony, harassment and cost of litigation.

2. Admitted facts of the case, shorn of unnecessary rhetoric, are that the six Complainants, Ujjawal Kumar, Avinash Singh Jawa, Shashi Mohan, Abhishek, Vivek Srivastava and Ajay Yadav, had deposited Rs.10,97,607/-, Rs.8,78,048/-, Rs.10,22,893/-, Rs.13,15,684/-, Rs.8,66,000/- and Rs.7,45,631/-, in all totalling Rs.59,25,863/-, with the Builder Co. in July / August 2007, as detailed in para 4 of the State Commission’s impugned Order. As per the agreed terms and conditions, the construction of the subject Unit was to be completed in 36 months with a grace period of 6 months. The Complainants filed C.C. No. 113 of 2010 before this Commission on 15.06.2010. It was transferred to the State Commission by this Commission vide its Order dated 22.05.2013.

As per the record on file, Completion / Occupancy Certificate was not obtained by the Builder Co. till the date (15.06.2010) of the filing of C.C. No. 113 of 2010 before this Commission, it was not obtained till the date (19.08.2013) when the State Commission decided the matter, which was well beyond the assured period of 36 months and 6 months thence.

3. We have heard the learned Counsels from both sides, and perused the material on record.

4. The Order dated 22.05.2013 of this Commission in C.C. No. 113 of 2010 inter alia reads as below:

“2. The Commission having doubts about the pecuniary jurisdiction directed the complainant on 13.07.2010 to file additional affidavit giving details of the compensation claimed with reference to the claim of each of the complainants besides some other information. Additional affidavit was filed and on 28.10.2020 after perusing the additional affidavit filed by complainant No.1, the Commission admitted the complaint and directed issue of notice to the OP. The OP on the receipt of the notice filed written statement contesting the claim. The complainant also filed rejoinder to the reply filed by the OP. The parties, thereafter, filed their evidence by way of affidavit. While the matter rested, thus, complainant No.7 Sandeep Mukhopadhyay settled his dispute with the OP. Consequent upon this settlement, his name was deleted from the array of complainants and amended complaint deleting his name and also amending the prayer clause was filed. As a result the claim filed by the complainants got reduced to Rs.59,25,863/-, plus 30 lakhs, plus Rs.1,05,000/-, which is less than rupees One Crore.

“3. Learned counsel for the OP has thus raised a plea that this matter is within the pecuniary jurisdiction of the State Commission and as such complaint be returned.

“4. During the course of arguments on maintainability on the ground of pecuniary jurisdiction, parties agreed to an arrangement and they requested that the matter be transferred to the State Commission with the direction to decide the same after hearing the parties from the existing stage.

“5. In view of the aforesaid arrangement arrived at between the parties which will not cause prejudice to either of the parties, instead of returning the complaint for de-novo adjudication which would entail unnecessary delay, we transfer this matter to the State Commission Haryana, Panchkula for deciding the complaint in accordance with law from this stage onward after giving due hearing to the parties.”

(emphasis supplied by us)

5. Mr. Rohit Sharma, learned Counsel for the Appellant argued that the individual Complainants should have filed individual Complaints, and had it been so, the individual claims would not have been within the pecuniary jurisdiction of the State Commission. Moreover, while clubbing their individual claims, the Complainants did not file an Application under Section 12(1)(c) of the Act. Nor was Notice under Section 12(1)(c) issued. Transfer of the matter to the State Commission by this Commission did not in any manner affect the right to agitate an issue of law [i.e. apropos Section 12(1)(c)] before the State Commission. The State Commission erred in dismissing its preliminary Objection regarding Section 12(1)(c) by holding that “hyper technicalities are not required to be observed in the summary proceedings of the Complaint filed by the Complainants, otherwise, it would frustrate the very purpose of the legislation of consumerism.” Consent before the National Commission cannot override the Statutory Provisions / requirements regarding Section 12(1)(c). Relying on the decision of the Hon’ble Supreme Court in the case of Rameshwar Prasad Shrivastava and Others v/s Dwarkadhis Projects Pvt. Ltd. and Others, 2018 (15) SCALE 629 he submitted that the impugned Order passed by the State Commission is void ab initio.

6. We may first note, in relation to Section 12(1)(c), that Notice on an Application filed under Section 12(1)(c) has to be issued, opportunity to file reply thereto has to be afforded, both sides have to be heard, the relevant record including the complaint and specifically inter alia its prayer clause has to be considered, and a reasoned Order allowing or disallowing an Application under Section 12(1)(c) has to be passed. In the instant case, the provisions of Section 12(1)(c) were not considered by this Commission while transferring C.C. No. 113 of 2010 filed before it to the State Commission, and the only issue considered was that of pecuniary jurisdiction, as is evident from the extracts of this Commission’s Order dated 22.05.2013 quoted in para 4 above.

7. Normally we would have held that the State Commission should not have proceeded with the Complaint when it had been filed by Six Consumers without there being an Application under Section 12(1)(c) of the Act, but taking into consideration the fact that

(i) all the Six Complainants have deposited the respective amounts in July / August 2007 i.e. now more than 12 years have passed,

(ii) they have filed the Complaint in the year 2010 i.e. now more than nine years have passed,

(iii) the Complaint had been admitted by this Commission in the year 2010,

(iv) Neither the Order admitting the Complaint was challenged nor any effort to review/recall of the Order was made by the Builder Co. who had appeared before this Commission and only the plea of pecuniary jurisdiction was raised and a Consent Order transferring the Complaint Case to the State Commission was passed,

(v) Each of the Complainants have a Right to file individual Complaints before the Consumer Forum even after a period of 9 years by seeking condonation of delay under Sections 5 and 14 of the Limitation Act, 1963,

(vi) Even though there was one Complaint being Complaint Case No. 49 of 2013 (earlier registered as Complaint Case No. 113 of 2010 filed before the National Commission), it being filed jointly by Six Consumers/Complainants, we can assign six numbers i.e. 49A / 2013, 49B / 2013, 49C / 2013, 49D / 2013, 49E / 2013 and 49F / 2013 and as the pleadings, Evidence have been filed by the respective Parties and submissions on merits have also been made and considered by the State Commission, it would not be in the interest of justice to set aside the impugned Order, and

(vii) Under the Act, the Consumer Forum in view of the decisions of the Hon’ble Supreme Court in Kolkata West International City Pvt. Ltd. Vs. Devasis Rudra II (2019) CPJ 29 (SC) and Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan II (2019) CPJ 34 (SC) can refund the amount deposited with interest.

we are of the considered opinion that the impugned Order passed by the State Commission should not be set aside on this ground alone and a fresh round of litigation be started de novo.

8. Accordingly, in the peculiar facts and special circumstances of this case, we hold that as Section 12(1)(c) was not considered by this Commission, a consequence thereof is that the Order dated 19.08.2013 passed after adjudication on merit by the State Commission can not and shall not be construed to imply that it is applicable mutatis mutandis to all similarly situate Consumers. The Award shall remain confined and restricted to the six Complainants only i.e. to the six Respondents herein.

9. In respect of pecuniary jurisdiction, we may note that, ideally, individual Complaints should have been filed by the six individual Complainants before the Competent Consumer Forum having the pecuniary jurisdiction therefor.

10. We but note that both Parties consented that the matter be transferred to the State Commission. The matter was transferred to the State Commission on an ‘as-is-where-is basis’ for further adjudication from that stage onwards. Once the Complainants and the Opposite Party had consented for transfer of the matter to the State Commission, neither side can raise that issue again.

11. The issue of pecuniary jurisdiction was not specifically agitated by either side before the State Commission. Only the issue of Section 12(1)(c) was raised by the Opposite Party. However, we have already made it explicit in para 8 above that the Award of the State Commission shall be confined and restricted to the six Complainants only, and shall not be applicable in rem.

12. Mr. Rohit Sharma further argued that the subject Apartments have since been completed and Completion / Occupancy Certificate obtained. Therefore, the State Commission’s order of refund with interest and cost is erroneous.

13. We find this argument to be bereft of merit. The Complainants had made their deposits in July / August 2007, the Project had to be completed within 36 months with a grace period of 6 months. Completion / Occupancy Certificate was not obtained till the date (15.06.2010) of the filing of C.C. No. 113 of 2010 before this Commission, it was not obtained even till the date (19.08.2013) when the State Commission decided the matter, which was well and unreasonably beyond the assured period of 36 months and 6 months thence. Unreasonable and undue delay is self-evident.

14. We may state that prior to, or, at the least, simultaneous to, getting a Consumer to enter into its Agreement and accepting the first payment towards the total cost of the subject Unit, the Builder Co. was required and expected to have the due pragmatic and realistic assessment and preparation of the Project Planning, Execution and Completion.

It was the prime responsibility of the Builder Co. to ensure that it was in a position to deliver the possession of the subject Unit/s to the Buyer/s Consumer/s within the assured period of 36 months and in all contingencies within the extended grace period of 6 months thence.

Planning, Execution and Completion were its responsibility, and not of the consumer.

(Normal) impediments or problems that arise in Planning, Execution and Completion were its responsibility, and not of the consumer.

Specifically, availability of land (/ acquisition of land), as well as all approvals from the concerned Government and Municipal Authorities, as and when due, being fundamental basic requirements of a residential housing project, were decidedly the Builder Co.’s primary responsibilities, and not of the consumer.

Cost and Time overruns were its responsibility, not of the consumer.

Non-fulfilment of its overall responsibilities of Project Planning, Execution and Completion can not be and are not grounds for condoning or overlooking delay in completion and failure to hand over possession within the assured period.

And, Force Majeure, unforeseeable circumstances, irrespective of its various ‘liberal’ or ‘strict’ interpretations, and irrespective of its various interpretations in different sets of facts, can, but, not be nebulously and irrationally articulated in the agreement, or contended and argued for anything and everything related to the Builder Co.’s responsibilities for completion of the Project without Cost or Time overruns.

15. A Consumer cannot be made to wait indefinitely or unreasonably. Indefinite or unreasonable delay cannot continue ad nauseam, ad infinitum (such situation would be absurd). In the facts of the present case, unreasonable delay is writ large. A natural corollary thereof is that two rights accrue to the consumer:

one : the option to wait for the subject unit to be handed over, if and when the construction is completed and the offer of possession of the subject unit is made by the Builder Co., at his (the Consumer’s) considered wisdom and discretion, and in addition to seek just and equitable compensation under the Act for unreasonable delay and loss and injury.

two : to claim refund of the principal amount with just and equitable

Please Login To View The Full Judgment!

interest / compensation / cost of litigation. That is, the Consumer has both options available, one, to obtain possession of the subject Unit if and when offered by the Builder Co. and in addition seek just and equitable compensation under the Act for unreasonable delay in possession, and, two, to opt for a fair amount from the Builder Co. comprising of refund of the deposited amount with just and equitable interest / compensation / cost of litigation. 16. It is seen that of the two options available to the Complainants herein they opted for obtaining a fair amount comprising of refund of the principal amount paid to the Builder Co. with interest / compensation / cost of litigation. 17. The State Commission has awarded refund of the respective deposited amounts with interest at the rate of 9% per annum and Rs.22,000/- each for mental agony, harassment and cost of litigation. We find the Award to be just and equitable. 18. The Statement of Objects and Reasons for the Act 1986 speaks of ‘speedy and simple redressal to consumer disputes’. The Act is for “better protection of the interests of the consumers.” The complainants made their deposits in July / August 2007. We are now in 2019. 19. After this brief examination, we find no reason evident to interfere with the award made by the State Commission. The first appeal is dismissed. The Award made vide the Order dated 19.08.2013 of the State Commission is upheld and sustained.
O R