Nitin Kumar Sehra & Anr vs M/s Bestech India Pvt. Ltd

Ram Surat Ram Maurya, Presiding Member

Heard Mr. Rakesh Mittal, Advocate, for the complainants and Mr. Ashish Kumar, Advocate, for the opposite party.

Mr. Nitin Kumar Sehra and Ms. Amita Sehra (the complainants) have filed EA/323/2023, for directing M/s. Bestech India Private Limited (the opposite party) to pay Rs.1313136/- as payable to them in compliance of the decree dated 25.01.2023 (modified on 20.02.2023 and 23.03.2023) passed in CC/710/2018, filed by them.

M/s. Bestech India Private Limited (the opposite party) has filed EA/621/2023 for directing Mr. Nitin Kumar Sehra and Ms. Amita Sehra (the complainants) to pay Rs.1042077/- as payable to it, in compliance of the decree dated 25.01.2023 (modified on 20.02.2023 and 23.03.2023) passed in CC/710/2018, filed by the complainants.

Mr. Nitin Kumar Sehra and Mrs. Amita Sehra (the complainants) filed CC/710/2018, for directing M/s. Bestech India Private Limited (the opposite party) to (i) handover possession of Apartment No.I-0803 in the project “Park View Grand Spa” to them, (ii) pay Rs.7492782/-, as interest @18% compounded quarterly on their deposit, (iii) pay Rs.15/- lacs, as compensation for mental agony and harassment, (iv) pay costs of the litigation; or alternatively (v) to refund Rs.18879246/- and pay damages of Rs.15/- lacs, with interest @18% compounded quarterly from the date agreement till the date of payment; and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case. The complainants stated that Bestech India Private Ltd. (the opposite party) launched a group housing project, in the name of “Park View Grand Spa” at village Nakhrola, Sector-81, Gurgaon, Haryana, in the year 2012. The complainants booked a 3BR flat on 20.03.2012 and deposited booking amount. The opposite party allotted Unit no.I-0803, super area 2660 sq.ft., total consideration of Rs.17269760/- on 31.03.2012 and executed Apartment Buyer’s Agreement on 23.07.2012 in their favour. Annexure-I of the Agreement provides payment plan as “construction link payment plan”. Clause-3(a) of the agreement provides 36 months period from the date of the agreement, for handing over possession and grace period of six months. As per demand, the complainants deposited total Rs.18879246/- till 11.12.2017. The period of 36 months expired on 22.07.2015 and grace period of six months expired on 22.01.2016. The opposite party raised demand of Rs.931739/- on 10.11.2015, for completing internal plumbing (GI/CI) work. The complainants asked for inspection of the site but the opposite party did not respond. The opposite party issued a letter dated 15.01.2016, demanding Rs.1760468/- towards interest on delayed payment of the instalment. As the opposite party had delayed delivery of possession, the complainants wrote a letter dated 06.05.2016, for waiving of the interest. The complainants again gave an email for inspection of the site, on which, the opposite party permitted inspection on 13.08.2016. On inspection, the complainants found that there was no plumbing work in their Apartment No.I-0803. The complainants vide email dated 16.08.2016, informed the opposite party in this respect. The opposite party issued Final Offer of Possession letter dated 23.06.2017 (served on 28.06.2017) with statement of account, demanding Rs.5016281/-. The complainants found that the opposite party had not paid any compensation for delay in possession in this statement of account. The complainants issued a legal notice to the opposite party, on 15.09.2017, demanding Rs.4669728/- as interest on their deposit and compensation @Rs.5/- per sq.ft. per month on super area, for delayed period of possession. In spite of service of this notice, the opposite party did not respond. The complainants deposited Rs.1960603/- on 17.11.2017, Rs.898441/- on 29.11.2017, Rs.579996/- on 04.12.2017, Rs.210671/- on 08.12.2017, Rs.266000/- and Rs.5495/- on 11.12.2017 but the opposite party did not handover possession and insisted to deposit Rs.2728580/- as interest, which is not payable. The complainants wrote to the opposite party on 23.02.2018 for handing over possession but the opposite party refused handing over possession till deposit of the amount of interest. Then this complaint was filed on 20.03.2018, alleging deficiency in service and unfair trade practice.

In compliance of interim order dated 10.09.2018, conveyance deed was executed on 21.02.2019 and possession was handed over to the complainants. This Commission, in the judgment dated 25.01.2023, found that the complainants had challenged “Statement of Account” as attached with the offer of possession letter dated 23.06.2017, only on the ground that delay compensation had not been shown and adjusted in the final account, in their legal notice dated 15.09.2017, as such the demand was found as legal (except for not paying delay compensation). Therefore, the opposite party was directed to issue fresh statement of account, crediting delay compensation, in the form of interest @6% per annum on the deposit of the complainants from 23.01.2016 to 22.06.2017, giving liberty to the opposite party to charge interest @9% per annum from 23.06.2017 on the balance amount of its dues.

The complainants, in paragraph-9 of EA/323/2023, have claimed delay compensation of Rs.1389404/- as per modified decree dated 25.01.2023. In paragraph-10 the complainants stated that the opposite party was entitled to Rs.76268/- as interest as such after adjusting the amount of interest, the complainants are entitled to Rs.1313136/-.

The opposite party, in paragraph-7 of EA/621/2023, has not disputed the calculations of delay compensation and interest of Rs.76268/-, which was payable on balance consideration as on 22.06.2017. The opposite party, however, stated that “Statement of Account” as attached with the offer of possession letter dated 23.06.2017, also included Rs.2355213/- as interest due for delayed payment of instalments, which demand was upheld in the judgment dated 25.01.2023. Total amount payable to the opposite party, as per decree, was Rs.2431481/-. After adjusting delay compensation of Rs.1389404/-, the opposite party was entitled to Rs.1042077/- as on 05.06.2023. The opposite party is entitled for interest @9% per annum on this amount from 06.06.2023.

We have considered the arguments of the counsel for the parties and examined the record. The opposite party has attached copy of “Statement of Account” as attached with the offer of possession letter dated 23.06.2017, in which, Rs.5016281/- was demanded, which included Rs.2355213/- towards interest due for delayed payment of instalments. This demand has been upheld. As such the opposite party is entitled to Rs.1042077/- as on 05.06.2023 after adjusting delay compensation of Rs.1389404/-, from the complainants.

ORDER

In view of aforesaid discussions, EA/323/2023 is dismissed. The complainants are directed to pay Rs.1042077/- with interest @9% per annum from 06.06.2023 till the date of payment, within a period of one month from the date of this judgment. List EA/621/2023 for direction on 26.10.2023. A copy of this order be kept in EA/621/2023, also.