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M/s. Accord Infrastructures & Developers Pvt. Ltd. v/s Parshotam Lal Gupta


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

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

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

Company & Directors' Information:- B. M. GUPTA DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC175758

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

Company & Directors' Information:- GUPTA AND COMPANY DEVELOPERS PRIVATE LIMITED [Active] CIN = U70100JH2007PTC012908

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:- K & A DEVELOPERS & INFRASTRUCTURES LIMITED [Converted to LLP] CIN = U00082CH2005PLC029416

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:- P T C INFRASTRUCTURES AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200KL2009PTC024090

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:- GUPTA DEVELOPERS PVT LTD [Active] CIN = U70101WB1993PTC057626

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:- G O INFRASTRUCTURES AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136913

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:- 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:- 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:- G-1 INFRASTRUCTURES & DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70109PB2013PTC037628

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:- N. LAL DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201DL2006PTC145355

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:- T & S DEVELOPERS AND INFRASTRUCTURES PRIVATE LIMITED [Strike Off] CIN = U70102DL2008PTC177053

    Revision Petition No. 494 of 2016

    Decided On, 31 May 2016

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. B.C. GUPTA
    By, PRESIDING MEMBER

    For the Petitioner: Rupender Singh, Advocate. For the Respondent: --------



Judgment Text

Dr. B.C. Gupta, Presiding Member

The complainant, Parshotam Lal Gupta, filed Consumer Complaint no. 526/2014 on 10.10.2014 before the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh against the petitioner/OP builder, alleging that he booked a unit in the scheme ‘Accord Corporate Square’ floated by the OP, for his personal use and for earning his livelihood. The said unit had super area of 461.92 sq. ft. and its total price was quoted as Rs. 34,56,536/-. He was allotted unit no. 103 in pursuance of his application dated 02.10.2011, and he deposited a total sum of Rs. 15 lakhs with the OP for the same. However, neither the allotment was issued, nor the buyers’ agreement was executed for a long time. The complainant sent a legal notice dated 02.06.2014 to the OP, demanding refund of the money, following which, the OP sent him buyers’ agreement dated 07.11.2011 by hand for his signatures. Alleging deficiency in service and unfair trade practice on the part of the OP, the complainant filed the consumer complaint in question, seeking refund of the money deposited alongwith interest @ 9% p.a. and compensation of Rs. 50,000/-, apart from Rs. 22,000/- as litigation expenses.

2. The District Forum, vide order dated 30.06.2015, allowed the said complaint and ordered refund of Rs. 15 lakhs by the OP, alongwith interest @ 9% p.a., Rs. 25,000/- as compensation for mental agony and Rs. 10,000/- for litigation expenses. Being aggrieved against this order, the OP, builder challenged the same by way of Appeal No. 225/2015, before the State Commission, which was dismissed vide impugned order dated 16.10.2015. Being aggrieved by the said order, the OP, builder is before this Commission by way of the present revision petition.

3. During hearing before me, the learned counsel for the petitioner stated that the complainant had violated the terms and conditions of the allotment and had not made payments to the petitioner in response to the notices for the deposit of the service tax sent by them. The learned counsel also stated that the State Commission did not allow them to produce certain documents on record. However, on a query from the Bench, the learned counsel replied that the petitioners were prepared to refund the amount deposited by the complainant alongwith reasonable interest.

4. A perusal of the facts on record indicates that the District Forum gave the following directions to the OP, vide their order dated 30.06.2015:-

'In view of the above discussion, we allow the present complaint against Opposite Party. Therefore, the Opposite Party is directed as under:-

1. to refund the amount of Rs. 15 lakhs to the complainant, alongwith interest @ 9% p.a. from the respective date of deposits, till it is paid;

2. to pay Rs. 25,000/- as compensation for causing mental agony and physical harassment to the complainant.

3. to pay Rs. 10,000/- towards litigation expenses.'

5. The State Commission examined the validity of the said order in the appeal before them and concluded that the OP did not issue the allotment letter, neither executed the buyers’ agreement with them, despite the deposit of a sum of Rs. 15 lakhs with them. The State Commission also observed that agreement dated 07.11.2011 was sent for the signatures of the complainant at his residence on 02.08.2014 i.e. after three years of booking the unit. Since there was no agreement between the parties, the terms and conditions as quoted by the OPs were not applicable in the matter. It is very clear, therefore, from record and also admitted during hearing before me that despite the deposit of Rs. 15 lakhs with the petitioners, they did not take any steps to issue the allotment letter or to execute the buyers’ agreement. The petitioners have not been able to show anywhere, whether they made any efforts to have the buyers’ agreement executed. The petitioner even refused to give refund to the complainant, when demanded by him. It has been stated by the petitioner in the grounds of revision petition that there was no material on record to show that the petitioner ever promised any date of delivery to the complainant, or there was any stipulation of time, regarding the agreement to be entered. It is clear from the own version of the petitioner that even after accepting a sum of Rs. 15 lakhs, they did not make any promise about the date of delivery of possession of the unit, or to execute the agreement giving details of the terms and conditions.

6. The petitioners have further taken a plea that the complainant is not covered under the definition of ‘Consumer’, as the property in question was commercial in nature. This plea of the petitioners is also without force, as the complainant has stated that he had booked this property for earning his livelihood and for his personal use only. Even if the version of the petitioner in this regard is correct, they do not have any right to retain the money of the complainant without any assurance that the property shall be delivered by such and such date.

7. As per the orders passed by the District Forum and confirmed by

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the State Commission, the petitioners have only been asked to return the amount deposited by the complainant alongwith interest @ 9% p.a. An amount of Rs. 25,000/- as compensation for mental agony and Rs. 10,000/- towards litigation expenses have also been allowed to him. I do not find any irregularity, illegality or jurisdictional errors in the said order, which may merit interference at the revisional stage. Agreeing with the concurrent findings of the fora below, this revision petition is, therefore, ordered to be dismissed in limine. There shall be no order as to costs.
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