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



Ravinder Chopra v/s Taneja Developers & Infrastructure Ltd. & 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:- J K INFRASTRUCTURE DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067965

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:- D J INFRASTRUCTURE DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141730

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:- 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

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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:- D D CHOPRA & CO PVT LTD [Active] CIN = U20291WB1955PTC022156

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:- TANEJA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056551

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:- P S INFRASTRUCTURE AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC081337

Company & Directors' Information:- G M INFRASTRUCTURE AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC081739

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

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

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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:- K V J INFRASTRUCTURE DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200KL2010PTC026669

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:- 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

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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:- CHOPRA DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45209PB2012PTC036580

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

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

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

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

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    First Appeal No. 1082 of 2014 in Complaint No. 45 of 2012

    Decided On, 16 August 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Appellant: Daljeet Singh Kahlon, Advocate. For the Respondents: Rudresh Jagdale, Kanika Agnihotri, Advocates.



Judgment Text


1. This appeal has been filed by the appellant Ravinder Chopra against the order dated 20.8.2014 of the State Consumer Disputes Redressal Commission, Punjab, (in short ‘the State Commission’) passed in Complaint No. 45/2012.

2. Brief facts of the case are that the complainant purchased a 3 BHK apartment for a consideration of Rs. 36,11,052 from the opposite parties. Earlier the flat was in the name of Mr. Parkash Maini, who had booked it after paying a sum of Rs. 4,50,000 and who had surrendered the flat and complainant purchased it on payment of Rs. 4.50 lacs vide receipt dated 21.4.2006. A total sum of Rs. 11,38,421 was paid on 17.3.2010 and buyer’s agreement was executed on 13.4.2011. In January, 2012, the complainant was telephonically informed to pay due instalment, for which the complainant asked 3 to 4 months’ time as he was hospitalized for cancer treatment. On 20.3.2012, the complainant got final opportunity to pay instalment along with interest of Rs. 1,37,654. Also, he got threat of cancellation of allotment in case of non-payment within 10 days. Therefore, complainant applied for loan, for which documents were required regarding the flat from the builder which were refused by the opposite parties. As complainant was getting threats from the opposite parties, he deposited post-dated cheque of Rs. 10 lacs to avoid cancellation of allotment but opposite parties refused to accept the cheque. Lastly the opposite parties issued cancellation letter of the allotment dated 26.4.2012, which was received by the complainant on 1.5.2012. On 28.5.2012, the complainant approached with sanction letter of loan to opposite parties to execute tripartite agreement with DHFL, but opposite parties demanded Rs. 5,00,000 in cash to execute the agreement. The complainant obviously refused to pay Rs. 5,00,000 which was being asked illegally by the opposite parties. Ultimately, the opposite parties denied executing the agreement. Therefore, complaint was filed to restore the flat with compensation.

3. The State Commission passed the following order on 20.8.2014:

“In view of these circumstances, we accept the complaint with a direction to the opposite parties to restore the apartment/flat in favour of the complainant on deposit of outstanding amount by the complainant along with interest within a period of three months from the date of receipt of copy of the order. In case the complainant require any tripartite agreement or some other documents are required to be given to the Loan Processing Authority, the Opposite Parties shall provide the same within 15 days from the date of receipt of the letter from the complainant or the Loan Processing Authority/Bank; with no order as to costs and compensation.

11. The Opposite Parties are directed to comply with the above directions, otherwise proceedings under Section 27 of the CP Act shall be initiated against them.”

4. Heard the learned Counsel for the parties and perused the record. Learned Counsel for the appellant/complainant stated that the complainant could not pay the instalments as he could not get the loan sanctioned from the bank as the opposite parties did not provide the relevant papers. However, by the time, the loan was sanctioned, the opposite party had already cancelled allotment and the opposite party did not sign the tripartite agreement for the loan. Although the State Commission has allowed the restoration of the flat, but the same has been allowed on the condition that the complainant pays total balance payment along with interest. Though the rate of interest is not mentioned in the order, it is apprehended that the same would be @ 21% p.a. as per the builder-buyer agreement. Obviously, this is one sided agreement and the complainant has signed only on the dotted lines as the booking amount was already paid to the opposite parties. There is no justification for a builder to charge 21% p.a. interest on the payment of delayed instalments as the bank loan is available at the rate of 9-12% p.a. Just because the complainant could not get the loan sanctioned in time, the opposite party cannot charge @21% p.a. interest for this period.

5. Learned Counsel for the appellant stated that the State Commission has failed to appreciate the fact that as such the refusal of respondent No. 3 to provide the requisite documents timely to the Bank, actually led to delay in sanctioning the loan in favour of the appellant. This clearly amounts to deficiency in service on the part of respondents.

6. On the other hand, learned Counsel for the respondents/opposite parties stated that the complainant had defaulted in payment of instalments and therefore, the allotment was cancelled. Still the State Commission has allowed the restoration of the allotment subject to payment of the balance amount along with interest by the complainant As per the builder-buyer agreement, interest is 21% p.a. on the defaulted amount. The respondents/opposite parties have not preferred any appeal against the order of the State Commission hence, if the amount is paid as per the State Commission order, the order will be complied by the respondents. Builder-buyer agreement has been signed by both the parties and is binding on both the parties. Thus, the complainant has agreed to pay 21% interest p.a. on the defaulted amount.

7. I have carefully considered the arguments advanced by both the learned Counsel and have examined the material on record. First of all, it is seen that the State Commission in its operative portion of the order has not mentioned rate of interest and therefore, both the parties are presuming that the rate mentioned in the builder-buyer agreement will be the required rate of interest.

8. As the builder is always in a dominant position and gets the builder- buyer agreement signed only after the complainant has paid sizeable amount of the consideration, the complainant has to sign builder-buyer agreement on dotted lines. The imposition of interest at the rate of 21% p.a. on the defaulted amount is also one such clause which clearly demonstrates unfair trade practice adopted by the builders. Clearly, this interest rate is very high particularly looking at the fact that the housing loan is available @ 9-12% p.a. interest.

9. The fact is that the complainant could not pay the instalments and vide his letter dated 28.3.2012 the complainant informed the opposite parties that he is pursuing the loan and he will make the payment by 30.4.2012. In the meanwhile, the allotment was cancelled on 26.4.2012. Thus, it is clear that the opposite parties cancelled the allotment even before the expiry of the promised date by the complainant, though it is also true that as the loan was not sanctioned by that time the complainant may not have been able to pay by that date. It is also seen in this letter that the complainant has not mentioned any requirement of documents to be obtained from the opposite parties. It is also true that if the payments have been delayed, the complainant has to make payment with interest. As interest of 21% p.a. as per the builder-buyer agreement is quite high and speaks of unfair trade practice on the part of the opposite parties, the order of the State Commission can be modified to the extent that the complainant shall pay the balance amount along with interest @14% p.a. instead of 21% p.a. However, if the

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complainant is not able to make this payment and wants refund, then, the opposite parties will have to make refund because the cancellation was done arbitrarily and within the time requested by the complainant. 10. Based on the above discussion, the order of the State Commission is modified to the extent that the opposite parties shall restore the apartment/flat to the complainant subject to the complainant depositing the balance amount along with 14% p.a. interest. However, if the complainant is not able to deposit this amount within three months, the opposite parties shall refund the amount paid by the complainant along with 10% p.a. interest within a period of two months after expiry of initial three months. The First Appeal No. 1082 of 2014 stands accordingly disposed of. Appeal disposed of.
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