in real estate regulatory authority (rera)
TRANSCRIPT
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
REAL ESTATE REGULATORY AUTHORITY (RERA)
IN THE COURT OF ADJUDICATING OFFICER
4TH&6TH FLOOR, BIHAR STATE BUILDING CONSTRUCTION CORPORATION
HOSPITAL ROAD, SHASTRI N
Sl. Complaint Case No.
1. RERA/CC/868/2020RERA/AO/244/2020
2. RERA/CC/869/2020RERA/AO/245/2020
3. RERA/CC/870/2020RERA/AO/246/2020
4. RERA/CC/871/2020RERA/AO/247/2020
5. RERA/CC/872/2020 RERA/AO/248/2020
6. RERA/CC/873/2020 RERA/AO/249/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
REAL ESTATE REGULATORY AUTHORITY (RERA)
IN THE COURT OF ADJUDICATING OFFICER
R STATE BUILDING CONSTRUCTION CORPORATION
HOSPITAL ROAD, SHASTRI NAGAR, PATNA-800023
Complaint Case No. Complainants
RERA/CC/868/2020 RERA/AO/244/2020
Sri Alok Kumar Singh, S/o Sri Vishwanath Prasad Singh, R/o Plot No.42, Bari Co-operative, Bokaro SteelCity, Bokaro, Jharkhand-827012. At Present: Flat No.404, C-Block, Jagsuman Apartment, ArgoraKathal More Road, Aryan Road, Pundag, Ranchi, Jharkhand-834004.
RERA/CC/869/2020 RERA/AO/245/2020
Smt. Kumari Smita, W/o Sri Lakshman Singh, R/o Flat No.102, Harshita Kunj Apartment, Majistrate Colony, Ashiana, Patna-800025. At Present: Flat No.401, Rama Shyama Villa, Gola Road, Patna801503.
RERA/CC/870/2020 RERA/AO/246/2020
Sri Sudeep Kumar, S/o Sri Jai Prakash Prasad, Flat N o.102, Harshita Kunj Apartment, Majistrate Colony, Ashiana, Patna-800025. At Present: Flat No.401, Rama Shyama Villa, Gola Road, Patna801503.
RERA/CC/871/2020 RERA/AO/247/2020
Sri Chandan Kumar, S/o Late Ram Vill+P.O.-Shekhopur, District-VaishaliAt Present: Power Grid Corporation of India, Qtr.No.B2/6,Vill+P.O.-Dariyapur Kafen,Muzaffarpur, PIN-844127.
RERA/CC/872/2020 RERA/AO/248/2020
Sri Dhirendra Kumar, S/o Sri Chandra Chur Prasad Singh, R/o Vill-Nipania, P.O.-Barauni, DistrictBegusarai, Bihar-851112. At Present: Flat No.1105, Block-E, Greenwood ANagar Extension, Lucknow-226010.
RERA/CC/873/2020 RERA/AO/249/2020
Sri Anurag Kumar, S/o Sri Hari Kishor Prasad, R/o Vill-Simra, P.O.-Parsa Bazar, District804453. At Present: Qtr. No.C/11, Power Grid Corporation of India Ltd., Maranga, NH-31, Bypass Road, District-Purnea, PIN-854301.
Page 1
REAL ESTATE REGULATORY AUTHORITY (RERA)
IN THE COURT OF ADJUDICATING OFFICER
R STATE BUILDING CONSTRUCTION CORPORATION CAMPUS
Sri Alok Kumar Singh, S/o Sri Vishwanath Prasad operative, Bokaro Steel
Block, Jagsuman Apartment, Argora-Kathal More Road, Aryan Road, Pundag, Ranchi,
/o Sri Lakshman Singh, R/o Kunj Apartment, Majistrate
Flat No.401, Rama Shyama Villa, Gola Road, Patna-
Sri Sudeep Kumar, S/o Sri Jai Prakash Prasad, R/o Kunj Apartment, Majistrate
Flat No.401, Rama Shyama Villa, Gola Road, Patna-
Babu Singh, R/o Vaishali-844509.
Dariyapur Kafen, District-
Kumar, S/o Sri Chandra Chur Prasad Barauni, District-
Apartment, Gomti 226010.
Kishor Prasad, R/o Parsa Bazar, District-Patna, PIN-
Qtr. No.C/11, Power Grid Corporation of India Ltd.,
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
7. RERA/CC/874/2020 RERA/AO/250/2020
8. RERA/CC/875/2020RERA/AO/251/2020
9. RERA/CC/876/2020RERA/AO/252/2020
10. RERA/CC/877/2020RERA/AO/253/2020
11. RERA/CC/878/2020RERA/AO/254/2020
12. RERA/CC/893/2020RERA/AO/255/2020
13. RERA/CC/894/2020RERA/AO/256/2020
14. RERA/CC/895/2020RERA/AO/257/2020
15. RERA/CC/905/2020RERA/AO/261/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
RERA/CC/874/2020 RERA/AO/250/2020
Sri Namit Sharat, S/o Sri Upendra Prasad Mandal, R/o Barmasia, PO.+P.S.-Katihar-854105At Present: Qtr. No.C-5, Power Grid Residential Colony, Near Panama Chowk, Jammu.
RERA/CC/875/2020 RERA/AO/251/2020
Sri Ramit Anand, S/o late Vinod Kumar Srivastava,R/o Nirala Path, Binoba Nagar, Postal Park, Patna-800001. At Preasent: Qtr. No.C/7, Power Grid colony, NHMaranga, P.O.-Lalganj, Purnea-854303.
RERA/CC/876/2020RERA/AO/252/2020
Sri Dharmendra Kumar, S/o Late Chandranath Prasad Karan, R/o H.No.997/1, Sainik Colony, VillDumardaga, Near Panchayat Bhawan, P.O.-Buti, Ranchi, Jharkhand-835217.
RERA/CC/877/2020/AO/253/2020
Ms. Anshu Mala, D/o Sri MahendraR/o F-18, Kalpataru Vatika (JharokhaNear Thakur House, Kandivali, East Mumbai, Maharashtra-400101.
RERA/CC/878/2020RERA/AO/254/2020
Sri Narendra Kumr, S/o Jagdish Prasad, +P.O.-Korari, P.S.-Nagarnausa, DistrictBihar-801305. At Present: B-1/5, Power Grid Township, Karbigahia, Jakkanpur, Patna, Bihar,PIN-800001.
RERA/CC/893/2020RERA/AO/255/2020
Sri Ranjit Kumar, S/o Tilakdhari Prasad, R/o Flat No,206, Kashi Palace, Road No.09, Arpana Bank Colony, Ramjaipal Path,District-Patna.
RERA/CC/894/2020RERA/AO/256/2020
Ms. Pooja, D/o Sri Uday Kumar Singh, R/o B-606, Vasudeo Enclave, Kankarbagh Main Road (Opp: Jalanshop, Patna-800020.
RERA/CC/895/2020RERA/AO/257/2020
Sri Pankaj Kumar Choudhary, S/o DeorajChoudhary, R/o Vill-Danubigha, P.O.P.S.-Makhdumpur,Near Kachnama, DistrictJehanabad, Bihar-804424. At Present: Flat No.C-305, Power Grid Township, SectorGurgaon, PIN-124001.
RERA/CC/905/2020RERA/AO/261/2020
Sri Durgesh Kumar Jha, S/o Deo Chandra Jha, WaNo.43, Ward No.8, Poowari Tola, KalaliSinghia, Samastipur-848209. At Present: C-122, NTPC Township, Dadri NTPCGoutambudh Nagar, Noida, U.P.-201008.
Page 2
Sharat, S/o Sri Upendra Prasad Mandal, 854105
5, Power Grid Residential Colony, Near
Vinod Kumar Srivastava, /o Nirala Path, Binoba Nagar, Postal Park,
H-31, Bypass, 854303.
Chandranath ainik Colony, Vill-
Bhawan, 835217.
/o Sri Mahendra Pratap Arya, harokha), Akurli Road,
East Mumbai,
Kumr, S/o Jagdish Prasad, R/o Vill-Nagarnausa, District-Nalanda,
1/5, Power Grid Township, Karbigahia, Jakkanpur,
dhari Prasad, R/o Flat No,206, Kashi Palace, Road No.09, Arpana Bank
Patna.
/o Sri Uday Kumar Singh, Kankarbagh Main Road
/o Deoraj bigha, P.O.-Manjosh,
Kachnama, District-
305, Power Grid Township, Sector-43,
Sri Durgesh Kumar Jha, S/o Deo Chandra Jha, Ward Tola, Kalali Chowk,
TPC, Dadri, 201008.
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
16. RERA/CC/948/2020RERA/AO/266/2020
17. RERA/CC/956/2020RERA/AO/271/2020
18. RERA/CC/1020/2020RERA/AO/290/2020
19. RERA/CC/1062/2020RERA/AO/308/2020
20. RERA/CC/1063/2020RERA/AO/309/2020
21. RERA/CC/1208/2020RERA/AO/337/2020
22. RERA/CC/1209/2020RERA/AO/338/2020
23. RERA/CC/1236/2020RERA/AO/348/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
RERA/CC/948/2020RERA/AO/266/2020
Md. Anisur Rahman, S/o Md. Fazlur Rahman Ansari, At-Ledatand, P.O.-Madaidih, P.S.-Topchanchi, Distriict-Dhanbad, Jharkhand-828402.At Present: Flat No.402, Savita Apartment, Indrapuri Road No.4, Samanpur, Patna-800023, Bihar.
RERA/CC/956/2020RERA/AO/271/2020
Sri Vinay Kumar, S/o Raj Nath Sharma, R/o B-06,Power Grid, NH-77,DariyapurMuzaffarpur, Bihar-844127.
RERA/CC/1020/2020RERA/AO/290/2020
Sri Ramnandan Prasad Singh, S/o Late Yamuna Mahto, R/o Ramchandarpur, ManglaSadanand College, Biharsharif, District(Bihar)-803101.
RERA/CC/1062/2020RERA/AO/308/2020
Smt. Sweta Kumari, W/o Sri Rajeev Ranjan, R/o VillChhutu, P.S.-Ranchi Chhutu, DistrictJharkhand-835217. At Present: Ramchandrapur, ManglaSthan, In Front of Sadanand College, District-Nalanda, (Bihar)-803101.
RERA/CC/1063/2020RERA/AO/309/2020
Roshan Kumar Yadav, S/o Ramesh Chandra Yadav, R/o Vill-Kharik, P.O.-Rahua-Sangram, (Via), Madhepur, District-Madhubani, Bihar
RERA/CC/1208/2020RERA/AO/337/2020
Sri Purushottam Kumar Sinha, S/o LChandra Mehta, R/o New Area, RanaBigha, P.O.RanaBigha, P.S.-Aadarsh Thana Deep Nagar, DistrictNalanda (Biharsharif)-803216. At Present: B-3/4 Power Grid Colony, Near VillageRoad, Jabalpur, M.P.-482002.
RERA/CC/1209/2020RERA/AO/338/2020
Smt. Vinita Kumari Sinha, W/o Sri Purushottam Kumar Sinha, R/o New Area RanaBigha, P.O.RanaBigha, P.S.-Aadarsh Thana Deep Nagar, DistrictNalanda (Biharsharif)-803216. At Present: B-3/4, Power Grid Colony, Near Village Sukha, Patna Road, Jabalpur,M.P.-482002.
RERA/CC/1236/2020RERA/AO/348/2020
Sri Kaushlendra Kumar Gupta, S/o Chmri Prasad Gupta, R/o Near Primary School, LakhanuNalanda, Bihar-811103. At Present: Qtr. No.B3/5, Power Grid Colony, VillagePost-Sitpura, Pana Road, Satna-485441.
Page 3
S/o Md. Fazlur Rahman Ansari, Topchanchi,
828402.
Flat No.402, Savita Apartment, Indrapuri Road No.4,
ath Sharma, 77,Dariyapur Kafen, Turki,
Sri Ramnandan Prasad Singh, S/o Late Yamuna Mahto, R/o Ramchandarpur, Mangla Sthan, Infront of
District-Nalanda
Kumari, W/o Sri Rajeev Ranjan, R/o Vill-Ranchi Chhutu, District-Ranchi,
Ramchandrapur, ManglaSthan, In Front of Sadanand 803101.
Roshan Kumar Yadav, S/o Ramesh Chandra Yadav, Sangram, (Via),
adhubani, Bihar-847408.
Purushottam Kumar Sinha, S/o Late Jagdish /o New Area, RanaBigha, P.O.-
Aadarsh Thana Deep Nagar, District-
3/4 Power Grid Colony, Near Village-Sukha, Patna
W/o Sri Purushottam R/o New Area RanaBigha, P.O.-
Aadarsh Thana Deep Nagar, District-
Near Village Sukha, Patna
Kaushlendra Kumar Gupta, S/o Chmri Prasad akhanu Bigha,
Village-Lalpur, 485441.
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
24. RERA/CC/1254/2020RERA/AO/354/2020
25. RERA/CC/1307/2020RERA/AO/377/2020
26. RERA/CC/1309/2020RERA/AO/379/2020
27. RERA/CC/1390/2020RERA/AO/411/2020
28. RERA/CC/1391/2020RERA/AO/412/2020
29. RERA/CC/1410/2020RERA/AO/422/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
RERA/CC/1254/2020RERA/AO/354/2020
Sri Mukesh Kumar, S/o Sri Krishna Nandan Prasad, R/o C/o Lt. Gunuri Rajak, Vill-Nardiganj,District-Nawada, Bihar. At Present: Champa Niwash, Barwadda Road, MemcDhaiya, Near Rita Verma Petrol Pump, DistrictDhanbad, Jharkhand.
RERA/CC/1307/2020RERA/AO/377/2020
Sri Suman Kumar, S/o Sri AnirudhBuddhuchak Barmishya, P.O.+District854105. At Present: Qtr. No.B-3/1, 400/220KV Power Grid, Gaurichak, Patna, Patna-Gaya Road, Gaurichak.
RERA/CC/1309/2020RERA/AO/379/2020
Sri Nawal Kishore Prasad, S/o Late Ragubir Prasad, R/o Mirjapur Mohanagani, West Champaran, Bihar-845438. At Present: Power Grid Bir Para, District-AlipurduaShow Room Land-Madari Hat Road, PIN
RERA/CC/1390/2020411/2020
Dr. Tabassum Khan, D/o MahmoodMd. Abdul Riad, R/o Minuthong Hafiz HattaImphal Municipl Council Imphal East, Manipur-795005. At Present: H/o 121 Riverbelt Colony Dimapur, Nagaland-797112.
2020AO/412/2020
Sri Intikhab Alam Khan, S/o Sri MahmoodKhan, R/o Jagaulia Tola Gulab Khan, P.S.Post-Rupni,East Champaran, BiharAt Presnet: Flat No.304,Zeenat Tower Samanpura, Raja Patna-800014.
2020AO/422/2020
Sri Krishna Chandra Bahera, S/o Sri B.M. BeheR/o Ananda Nagar, P.O.-Lanjipali, Brahmapur, District-Ganjam, Odisha-760008. At Present: Power Grid Corporation of India Ltd., Regional Head Quarter, Plot No.54, Opp: Ambe Vidyalaya, SamaSavli Road, Vadodara,Gujrat-390024.
Page 4
Sri Mukesh Kumar, S/o Sri Krishna Nandan Prasad, ardiganj,
Memco More Dhaiya, Near Rita Verma Petrol Pump, District-
Sri Suman Kumar, S/o Sri Anirudh Mandal, R/o Barmishya, P.O.+District-Katihar, PIN-
Power Grid, Gaurichak, Gaya Road, Gaurichak.
Sri Nawal Kishore Prasad, S/o Late Ragubir Prasad,
Alipurduar, OPP: Suzuki Madari Hat Road, PIN-735204.
Khan, D/o Mahmood AlamKhan, W/o
Municipl Council
H/o 121 Riverbelt Colony Dimapur,
Khan, S/o Sri Mahmood Alam Gulab Khan, P.S.-Madhuban,
Rupni,East Champaran, Bihar-845420.
pura, Raja Bazar,
, S/o Sri B.M. Behera, anjipali, Brahmapur,
Power Grid Corporation of India Ltd., WRTS-II, Regional Head Quarter, Plot No.54,
Vidyalaya, SamaSavli Road,
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
30. RERA/CC/1726/2020RERA/AO/596/2020
1.
2.
M/s Agrani Homes Pvt. Ltd.
Through it’s Director
Sri Alok Kumar, Director, No.15, Ward No.1FA, Near Ruban Hospital, Patliputra Colony, District-Patna (Bihar) PINPresently Residing: Yogipur Chitragupta Nagar, P.S.P.O. Lohia Nagar, Kankarbagh, Patna
Appearance:
For Complainants
For Respondents
In view of the fact that these 30 complaint cases relate to same project
“Power Grid Nagar” of the Promoter/Respondents and allegations are
similar nature, so a composite order is being passed in all these cases.
2. These complaint cases are filed by the complainants named above
against the Respondent No.1, M/s Agrani Homes Pvt. Ltd. through
Respondent No.2, Sri Alok Kumar,
u/s 31 read with Section
2016 (hereinafter referred to as the “Act, 2016”) for refund of their advanced
principal amount along with accrued interest
15-03-2021
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
2020AO/596/2020
Sri Manan Kumar Singh, S/o Sri Sadanand Singh, R/o C3, Power Grid , Near LIC Office, RupnarayanpurBazar, District-Barddhaman, West Bengal
Versus
M/s Agrani Homes Pvt. Ltd.
Director,
Director, S/o Sri Padum Singh, House No.15, Ward No.1FA, Near Ruban Hospital, Patliputra
Patna (Bihar) PIN-800013
Chitragupta Nagar, P.S.-Patrakar Nagar, P.O. Lohia Nagar, Kankarbagh, Patna-800020
... Respondents
Present:
Sri Ved Prakas Adjudicating Officer
... Sri Kishore Kunal, Advocate
... Sri Alok Kumar, Director
O R D E R
In view of the fact that these 30 complaint cases relate to same project
“Power Grid Nagar” of the Promoter/Respondents and allegations are
similar nature, so a composite order is being passed in all these cases.
These complaint cases are filed by the complainants named above
against the Respondent No.1, M/s Agrani Homes Pvt. Ltd. through
Respondent No.2, Sri Alok Kumar, Director of M/s Agrani Homes Pvt. Ltd.
u/s 31 read with Section-71 of Real Estate (Regulation & Development) Act,
2016 (hereinafter referred to as the “Act, 2016”) for refund of their advanced
principal amount along with accrued interest 18% per annum there
Page 5
Sri Manan Kumar Singh, S/o Sri Sadanand Singh, Near LIC Office, Rupnarayanpur
Barddhaman, West Bengal-713364.
... Respondents
Ved Prakash Adjudicating Officer
Kishore Kunal, Advocate
Sri Alok Kumar, Director
In view of the fact that these 30 complaint cases relate to same project
“Power Grid Nagar” of the Promoter/Respondents and allegations are of
similar nature, so a composite order is being passed in all these cases.
These complaint cases are filed by the complainants named above
against the Respondent No.1, M/s Agrani Homes Pvt. Ltd. through
of M/s Agrani Homes Pvt. Ltd.
Development) Act,
2016 (hereinafter referred to as the “Act, 2016”) for refund of their advanced
18% per annum thereon and
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
compensation of Rs.5
harassment with litigation cost of Rs.1.00 lac to each complainant,
consequent to non-delivery of their allotted flats.
3. In nutshell, the common case of the complainants is that the
Respondents with ulterior motive
projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak
Varanasi to construct approximately 300 residential flats having sup
up area of 1626 sq.ft. (Carpet Area
parking space to be allotted to the employees/ex
Corporation of India Ltd.
published by the Respondents and
collectively that delivery of possession of flats shall be made within 3 years
with grace period of 6 months and many othe
to the consumers including the present complainants. These complainan
are employees/ex-emp
India, N.T.P.C. etc. and they formed a Society in the
Employees Welfare Housing Society
of P.E.W.A., Patna) having it
Patna-800001, Bihar with objective to get constructed a residential complex
for its members. On 19
Employees Welfare Housing Society
General Secretary, Sri Shatrugh
(M.O.U.) regarding the project “Powe
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
5.00 lacs for their economical, physical and
litigation cost of Rs.1.00 lac to each complainant,
delivery of their allotted flats.
In nutshell, the common case of the complainants is that the
Respondents with ulterior motive proposed in the name and style of various
projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak
to construct approximately 300 residential flats having sup
26 sq.ft. (Carpet Area – 1300 sq.ft) along with one reserve car
king space to be allotted to the employees/ex-employees of Power Grid
Corporation of India Ltd., as per their choice. Various brochures were
Respondents and it was assured individually and
collectively that delivery of possession of flats shall be made within 3 years
with grace period of 6 months and many other amenities were also promised
to the consumers including the present complainants. These complainan
employees of Power Sector like Power Grid Corporation of
India, N.T.P.C. etc. and they formed a Society in the name of “Power Grid
elfare Housing Society” / “Power Welfare Organization
having it’s office at Alankar Place, P.O.
800001, Bihar with objective to get constructed a residential complex
On 19-04-2014 the Respondents and Power Grid
Employees Welfare Housing Society (A Unit of P.E.W.A., Patna)
Secretary, Sri Shatrughan Mishra entered into an Agreement
(M.O.U.) regarding the project “Power Grid Nagar”, situated at
Page 6
economical, physical and mental
litigation cost of Rs.1.00 lac to each complainant,
In nutshell, the common case of the complainants is that the
in the name and style of various
projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak and
to construct approximately 300 residential flats having super built
1300 sq.ft) along with one reserve car
employees of Power Grid
Various brochures were
it was assured individually and
collectively that delivery of possession of flats shall be made within 3 years
r amenities were also promised
to the consumers including the present complainants. These complainants
ower Grid Corporation of
name of “Power Grid
Power Welfare Organization” (A Unit
office at Alankar Place, P.O.-Boring Road,
800001, Bihar with objective to get constructed a residential complex
and Power Grid
(A Unit of P.E.W.A., Patna) through it’s
n Mishra entered into an Agreement
Grid Nagar”, situated at Mauza-
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Fathepur, P.S.-Gauri Chak, Sampatchak
100 residential flats with one reserve car
area of 1626 sq.ft. (Carper Area 1300 sq.ft.)
allotted to it’s members as per their choice.
Respondents and Sri Shatrughan Mishra,
Employees Welfare Housing Society
flat on consideration of Rs.
as per agreement, each comp
the consideration amount for purchase of fl
4. Details of the payment of instal
the Respondents may be seen through the chart as under:
Sl. No.
Complaint Case No.
(1) (2)
1. RERA/CC/868/2020 RERA/AO/244/2020
2. RERA/CC/869/2020 RERA/AO/245/2020
3. RERA/CC/870/2020 RERA/AO/246/2020
4. RERA/CC/871/2020 RERA/AO/247/2020
5. RERA/CC/872/2020 RERA/AO/248/2020
6. RERA/CC/873/2020 RERA/AO/249/2020
7. RERA/CC/874/2020 RERA/AO/250/2020
8. RERA/CC/875/2020 RERA/AO/251/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Gauri Chak, Sampatchak, Patna (Bihar) for construction of
100 residential flats with one reserve car parking space with s
(Carper Area 1300 sq.ft.) consisted in two Blocks to be
s members as per their choice. As per assurance of
Respondents and Sri Shatrughan Mishra, General Secretary of Power Grid
s Welfare Housing Society, each member has agreed
flat on consideration of Rs.6.00 lacs plus applicable Service Tax. As such,
as per agreement, each complainant has paid his/her instal
consideration amount for purchase of flat.
etails of the payment of instalments made by the complainants to
the Respondents may be seen through the chart as under:-
CHART
Name of the Complainant
Total Consideration of
the Flat (Applicable Taxes
Extra) Rs.
Date of Advance
Payment of Instalment
(3) (4) (5)
Sri Alok Kumar Singh
6,00,000.00 30-04
Smt.Kumari Smita
6,00,000.00 19-0407-06
Sri Sudeep Kumar
6,00,000.00
19-04
Sri Chandan Kumar
6,00,000.00 16-07
Sri Dhirendra Kumar
6,00,000.00 16-07
Sri Anurag Kumar
6,00,000.00
30-0403-03
Sri Namit Sharat
6,00,000.00 16-07
Sri Ramit Anand 6,00,000.00
30-0417-03
Page 7
, Patna (Bihar) for construction of
parking space with super built up
consisted in two Blocks to be
As per assurance of
General Secretary of Power Grid
agreed to purchase a
.00 lacs plus applicable Service Tax. As such,
lainant has paid his/her instalments towards
by the complainants to
Date of Advance
Payment of Instalment
Amount of Advanced
Consideration
Rs.
(5) (6)
04-2014 2,00,000.00
04-2014 06-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
04-2016 07-06-
2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
07-2014 2,00,000.00
07-2014 2,00,000.00
04-2014 03-2016
Total
2,00,000.00 2,14,640.00
4,14,640.00
07-2014 2,00,000.000
04-2014 03-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
9. RERA/CC/876/2020 RERA/AO/252/2020
10. RERA/CC/877/2020 RERA/AO/253/2020
11. RERA/CC/878/2020 RERA/AO/254/2020
12. RERA/CC/893/2020 RERA/AO/255/2020
13. RERA/CC/894/2020 RERA/AO/256/2020
14. RERA/CC/895/2020 RERA/AO/257/2020
15. RERA/CC/905/2020 RERA/AO/261/2020
16. RERA/CC/948/2020 RERA/AO/266/2020
17. RERA/CC/956/2020 RERA/AO/271/2020
18. RERA/CC/1020/2020 RERA/AO/290/2020
19. RERA/CC/1062/2020 RERA/AO/308/2020
20. RERA/CC/1063/2020 RERA/AO/309/2020
21. RERA/CC/1208/2020 RERA/AO/337/2020
22. RERA/CC/1209/2020 RERA/AO/338/2020
23. RERA/CC/1236/2020 RERA/AO/348/2020
24. RERA/CC/1254/2020 RERA/AO/354/2020
25. RERA/CC/1307/2020 RERA/AO/377/2020
26. RERA/CC/1309/2020 RERA/AO/379/2020
27. RERA/CC/1390/2020 RERA/AO/411/2020
28. RERA/CC/1391/2020 RERA/AO/412/2020
29. RERA/CC/1410/2020 RERA/AO/422/2020
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Sri Dharmendra Kumar
6,00,000.00
13-0507-06
Ms. Anshu Mala 6,00,000.00 16-07
Sri Narendra Kumr
6,00,000.00 30-04
Sri Ranjit Kumar
6,00,000.00
16-0717-03
Ms. Pooja 6,00,000.00 30-04
Sri Pankaj Kumar Choudhary
6,00,000.00 24-06
Sri Durgesh Kumar Jha
6,00,000.00 16-07
Md. Anisur Rahman
6,00,000.00 05-05
Sri Vinay Kumar 6,00,000.00
16-0717-03
Sri Ramnandan Prasad Singh
6,00,000.00 25-0607-03
Smt. Sweta Kumari
6,00,000.00
12-05
15-03
Roshan Kumar Yadav
6,00,000.00 16-07
Sri Purushottam Kumar Sinha
6,00,000.00
16-0717-03
Smt. Vinita Kumari Sinha
6,00,000.00
16-0717-03
Kaushlendra Kumar Gupta
6,00,000.00
16-0717-03
Sri Mukesh Kumar
6,00,000.00
16-0717-03
Sri Suman Kumar
6,00,000.00
19-0403-03
Sri Nawal Kishore Prasad
6,00,000.00
16-0717-03
Dr. Tabassum Khan
6,00,000.00
30-0407-10
Sri Intikhab Alam Khan
6,00,000.00
19-0417-03
Sri Krishna Chandra Bahera
6,00,000.00
28-0431-05
Page 8
05-2014 06-2016
Total
2,00,000.00
2,14,500.00
4,14,500.00
07-2014 2,00,000.00
04-2014 2,00,000.00
07-2014 03-2016
Total
2,00,000.00 2,00.000.00
4,00,000.00
04-2014 2,00,000.00
06-2014 2 ,00,000.00
07-2014 2,00,000.00
05-2014 2,00,000.00
07-2014 03-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
06-2014 03-2016
2,00,000.00 2,14,500.00
05-2015
03-2016
Total
2,00,000.00
2,14,500.00
4,14,500.00
07-2014 1,94,006.00
07-2014 03-2016
Total
2,00,000.00 2,00,000.00
4,00,000.00
07-2014 03-2016
Total
2,00,000.00 2,00,000.00
4,00,000.00
07-2014 03-2016
Total
2,00,000.00 2,00.000.00
4,00,000.00
07-2014 03-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
04-2014 03-2016
Total
2,00,000.00 2,00,000.00
4.00,000.00
07-2014 03-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
04-2014 10-2016
Total
2,00,000.00 2,18,000.00
4,18,000.00
04-2014 03-2016
Total
2,00,000.00 2,14,500.00
4,14,500.00
04-2014 05-2016
Total
2,00,000.00 2,14,500.00
4,14,.500.00
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
30. RERA/CC/1726/2020 RERA/AO/596/2020
5. The Respondents did not
prescribed time of 3 years and the grace period of 6 months from the date of
execution of said Agreement
vendee/buyer, as per Agreement
his/her deposited amount along with accrued interest thereon on Bank rate
from the Respondents. In spite of assurance, the Respondents f
deliver possession of the flat to the complainants and also failed to refund
the advanced consideration money to them.
these complaint cases against the Respondents with above reliefs.
6. The Respondents after appearances have filed replies pleading
alia that they are ready to refund the principal amount of each and every
complainant on cancellation of their allotment of flats, but they may be
provided some time
amount in instalments
adjust the principal amount of the complainants in t
situated in Parmanandpur,
cases may be disposed
7. On the basis of the pleadings
learned lawyer for complainant
the following points may be formulated to adjudicate the case:
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Sri Manan Kumar Singh
6,00,000.00 16-07
The Respondents did not start/complete the above project within the
prescribed time of 3 years and the grace period of 6 months from the date of
Agreement dated 19-04-2014, due to which each
vendee/buyer, as per Agreement, has become entitled to get refunded
eposited amount along with accrued interest thereon on Bank rate
from the Respondents. In spite of assurance, the Respondents f
possession of the flat to the complainants and also failed to refund
consideration money to them. So, the complainants have filed
these complaint cases against the Respondents with above reliefs.
The Respondents after appearances have filed replies pleading
ady to refund the principal amount of each and every
cancellation of their allotment of flats, but they may be
till September, 2021 for refund of their principal
in instalments. They have further stated that they are also ready to
adjust the principal amount of the complainants in their project of plot/land
situated in Parmanandpur, and in light of their assurances these complaint
cases may be disposed of.
On the basis of the pleadings of the parties and submissions of the
learned lawyer for complainants and Respondent No.2, Sri Alok Kumar,
the following points may be formulated to adjudicate the case:
Page 9
07-2014 2,00,000.00
complete the above project within the
prescribed time of 3 years and the grace period of 6 months from the date of
, due to which each
has become entitled to get refunded
eposited amount along with accrued interest thereon on Bank rate
from the Respondents. In spite of assurance, the Respondents failed to
possession of the flat to the complainants and also failed to refund
So, the complainants have filed
these complaint cases against the Respondents with above reliefs.
The Respondents after appearances have filed replies pleading inter-
ady to refund the principal amount of each and every
cancellation of their allotment of flats, but they may be
of their principal
. They have further stated that they are also ready to
heir project of plot/land
and in light of their assurances these complaint
and submissions of the
and Respondent No.2, Sri Alok Kumar,
the following points may be formulated to adjudicate the case:-
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
(i) Whether the complainants are entitled for refund of
their advanced
interest @ 18% per annum thereon against the
Respondents
(ii) Whether each complainant is entitled for
compensation of Rs.
for his/her economical, physical and mental
harassment?
(iii) Whether each and every complainant is entitled for
litigation cost of Rs.1.00 lac a
Point No.(i):
8. Admittedly, the complainants have constituted a Society consisting of
friends/employees/ex-
Corporation, N.T.P.C. etc. in the name and style of
Welfare Housing Society”
Patna) having its office at Alankar Place, P.O.
with the objective to get constructed a residential complex for its members.
It is also admitted case that
Society, Sri Shatrughan
Understanding (M.O.U.
Sri Alok Kumar, Director
Ltd. to construct 100 flats having super built up area 1626 sq.ft (
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Whether the complainants are entitled for refund of
advanced principal amount along with accrued
st @ 18% per annum thereon against the
espondents?
Whether each complainant is entitled for
compensation of Rs.5.00 lacs against the Respondents
for his/her economical, physical and mental
harassment?
Whether each and every complainant is entitled for
litigation cost of Rs.1.00 lac against the Respondents?
Admittedly, the complainants have constituted a Society consisting of
-employees of power sector like Power Grid
Corporation, N.T.P.C. etc. in the name and style of “Power Grid Employees
Housing Society”/ “Power Welfare Organization” (A Unit of P.E.WA,
having its office at Alankar Place, P.O.-Boring Road, Patna
with the objective to get constructed a residential complex for its members.
It is also admitted case that on 19-04-2014 the General Secretary of the
Shatrughan Mishra entered into a Memorandum of
M.O.U.) with the Respondents through Respondent No.2,
Director of the Respondent No.1, M/s Agrani Homes Pvt.
00 flats having super built up area 1626 sq.ft (
Page 10
Whether the complainants are entitled for refund of
principal amount along with accrued
st @ 18% per annum thereon against the
Whether each complainant is entitled for
.00 lacs against the Respondents
for his/her economical, physical and mental
Whether each and every complainant is entitled for
gainst the Respondents?
Admittedly, the complainants have constituted a Society consisting of
like Power Grid
Power Grid Employees
” (A Unit of P.E.WA,
Boring Road, Patna-800001
with the objective to get constructed a residential complex for its members.
2014 the General Secretary of the
Memorandum of
with the Respondents through Respondent No.2,
Respondent No.1, M/s Agrani Homes Pvt.
00 flats having super built up area 1626 sq.ft (Carpet
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Area 1300 sq.ft.) with one reserve car parking space consisted in two Blocks
on consideration of Rs
which have to be allotted to its members
agreed that each and every member shall purchase the flat on payment of
the above consideration in instalments to the Respondents.
have to deposit initially an amount of Rs.2.00 lacs plus applicable Service
Tax per flat on the date o
Rs.4.00 lacs plus applicable Service Tax shall be payable
schedule:-
1. On approval of Map, Rs.2.00 lacs plus Service Tax.
2. On starting of construction
The failure of any terms in payment schedule on part of
members/allottees M.O.U. shall have no effect and all
by the allottees to the Respondents/Developers shall be refunded, after
deduction of paid amount against t
Charge.
9. It was also agreed between the parties in para
construction of the said building
Gaurichak, Sampatchak, Patna
grace period of 6 months from the date of
vendee/buyer shall be entitled to Bank interest over the deposited amount
for such delayed period
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Area 1300 sq.ft.) with one reserve car parking space consisted in two Blocks
on consideration of Rs.6.00 lacs plus applicable Service Taxes on each flat,
which have to be allotted to its members, as per their choice. It was further
agreed that each and every member shall purchase the flat on payment of
the above consideration in instalments to the Respondents.
have to deposit initially an amount of Rs.2.00 lacs plus applicable Service
Tax per flat on the date of signing of the M.O.U. and the balance amount of
Rs.4.00 lacs plus applicable Service Tax shall be payable, as per following
On approval of Map, Rs.2.00 lacs plus Service Tax.
of construction Rs.2.00 lacs plus Service Tax.
The failure of any terms in payment schedule on part of
s M.O.U. shall have no effect and all the deposited amount
ttees to the Respondents/Developers shall be refunded, after
deduction of paid amount against the Service Tax plus 5% as Cancellation
It was also agreed between the parties in para-10 of Agreement that
aid building “Power Grid Nagar”, Mauza-
Gaurichak, Sampatchak, Patna shall be completed within 3 years with a
grace period of 6 months from the date of approval of Map, failing which the
vendee/buyer shall be entitled to Bank interest over the deposited amount
for such delayed period.
Page 11
Area 1300 sq.ft.) with one reserve car parking space consisted in two Blocks
.00 lacs plus applicable Service Taxes on each flat,
. It was further
agreed that each and every member shall purchase the flat on payment of
the above consideration in instalments to the Respondents. The allottees
have to deposit initially an amount of Rs.2.00 lacs plus applicable Service
M.O.U. and the balance amount of
as per following
plus Service Tax.
The failure of any terms in payment schedule on part of
the deposited amount
ttees to the Respondents/Developers shall be refunded, after
he Service Tax plus 5% as Cancellation
of Agreement that
-Fathepur, P.S.-
shall be completed within 3 years with a
approval of Map, failing which the
vendee/buyer shall be entitled to Bank interest over the deposited amount
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
10. As per first proviso Section
should have filed Completion
project “Power Grid Nagar” has been completed prior to enforcement of the
Act, 2016 on 01-05
Certificate shows that the project is ongoing. During continuance of
Agreement, either the Respondents should have completed the project and
handed over possession to the complainants within the stipulated period or
should have refunded their principal amount alon
Bank rate as agreed in Agreement executed between both th
complainants have stated that several revised dates
possession were assured
flats. It is correct that the Agreements between both the parties were
executed on 19-04-2014 and time for delivery of possession was given
within 3 years with grace period of 6 months, which has expired on
19-10-2017, so the buyers/complainants cannot wait indefinite period for
delivery of possession of their flats.
Respondents have become unable to construct the project, then either
mottu or on demand they should have refunde
the complainants as stated above.
Section 18(b) of the Act, 2016, it is reasonable for this Court to hold that the
Respondents are liable to refund the principal amounts along with Bank
interest thereon, as per Agreement
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
As per first proviso Section-3 of the Act, 2016, the Respondents
should have filed Completion/Occupancy Certificate for showing that the
project “Power Grid Nagar” has been completed prior to enforcement of the
05-2017 and non-filing of Completion/Occupancy
s that the project is ongoing. During continuance of
Agreement, either the Respondents should have completed the project and
handed over possession to the complainants within the stipulated period or
should have refunded their principal amount along with interest thereon at
Bank rate as agreed in Agreement executed between both th
complainants have stated that several revised dates for delivery
assured by the Respondents, but they failed to
t that the Agreements between both the parties were
2014 and time for delivery of possession was given
within 3 years with grace period of 6 months, which has expired on
2017, so the buyers/complainants cannot wait indefinite period for
delivery of possession of their flats. It also shows that when the
Respondents have become unable to construct the project, then either
or on demand they should have refunded the principal
the complainants as stated above. Hence, as per proviso of Section
Section 18(b) of the Act, 2016, it is reasonable for this Court to hold that the
Respondents are liable to refund the principal amounts along with Bank
terest thereon, as per Agreement (M.O.U.), to each and every complainant.
Page 12
the Act, 2016, the Respondents
Certificate for showing that the
project “Power Grid Nagar” has been completed prior to enforcement of the
filing of Completion/Occupancy
s that the project is ongoing. During continuance of
Agreement, either the Respondents should have completed the project and
handed over possession to the complainants within the stipulated period or
interest thereon at
Bank rate as agreed in Agreement executed between both the parties. The
for delivery of
by the Respondents, but they failed to deliver the
t that the Agreements between both the parties were
2014 and time for delivery of possession was given
within 3 years with grace period of 6 months, which has expired on
2017, so the buyers/complainants cannot wait indefinite period for
It also shows that when the
Respondents have become unable to construct the project, then either Suo-
principal amounts to
, as per proviso of Section-12 and
Section 18(b) of the Act, 2016, it is reasonable for this Court to hold that the
Respondents are liable to refund the principal amounts along with Bank
, to each and every complainant.
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
11. The complainants have claimed interest @ 18% per annum on the
advance principal amount paid to the Respondents. But, the Respondent
No.2 submitted that the
other projects and interest @ 18% per annum is much high, hence, the
same may be minimised. On going through the record as well as
submissions of both the parties, it appears that the Respondents are
running other projects, in which th
naturally the payment
construction business of the Respondents as well as the interest of other
buyers. In such view
appears that the prevailing bank interest agreed between the parties in
Agreement (M.O.U.)
Respondents.
As per rule 17, 18 of the Bihar Real Estate (
Development) Rules, 2017
Respondents have to pay simple interest 2% above the M.C.L.R. of S.B.I.
Presently, the M.C.L.R. of S.B.I. is 7.30% per annum for Home Loan of more
than 3 years and if 2% is added, the interest rate will c
annum. Hence, the Respondents have to refund the principal amount to
each and every complainant paid by him/her to the Respondents along with
accrued simple interest @ 9.30% per annum on said principal amount from
the date of payment made by
Respondents. Accordingly, Point No.(i) is decided in positive in favour of
the complainants and against the Respondents.
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
The complainants have claimed interest @ 18% per annum on the
advance principal amount paid to the Respondents. But, the Respondent
No.2 submitted that the Respondents are also making constructions of
other projects and interest @ 18% per annum is much high, hence, the
same may be minimised. On going through the record as well as
submissions of both the parties, it appears that the Respondents are
running other projects, in which the interest of other buyers is involved and
naturally the payment of higher rate of interest will adversely affect the
construction business of the Respondents as well as the interest of other
w of the matter and circumstances of the
appears that the prevailing bank interest agreed between the parties in
may be appropriate to be levied against the
As per rule 17, 18 of the Bihar Real Estate (Regulation and
nt) Rules, 2017 (hereinafter referred to as the “Rules 2017”), the
Respondents have to pay simple interest 2% above the M.C.L.R. of S.B.I.
Presently, the M.C.L.R. of S.B.I. is 7.30% per annum for Home Loan of more
than 3 years and if 2% is added, the interest rate will come 9.30% per
annum. Hence, the Respondents have to refund the principal amount to
each and every complainant paid by him/her to the Respondents along with
accrued simple interest @ 9.30% per annum on said principal amount from
the date of payment made by the respective complainant to the
Respondents. Accordingly, Point No.(i) is decided in positive in favour of
the complainants and against the Respondents.
Page 13
The complainants have claimed interest @ 18% per annum on the
advance principal amount paid to the Respondents. But, the Respondent
ing constructions of
other projects and interest @ 18% per annum is much high, hence, the
same may be minimised. On going through the record as well as
submissions of both the parties, it appears that the Respondents are
e interest of other buyers is involved and
of higher rate of interest will adversely affect the
construction business of the Respondents as well as the interest of other
of the matter and circumstances of these cases, it
appears that the prevailing bank interest agreed between the parties in
may be appropriate to be levied against the
Regulation and
(hereinafter referred to as the “Rules 2017”), the
Respondents have to pay simple interest 2% above the M.C.L.R. of S.B.I.
Presently, the M.C.L.R. of S.B.I. is 7.30% per annum for Home Loan of more
ome 9.30% per
annum. Hence, the Respondents have to refund the principal amount to
each and every complainant paid by him/her to the Respondents along with
accrued simple interest @ 9.30% per annum on said principal amount from
the respective complainant to the
Respondents. Accordingly, Point No.(i) is decided in positive in favour of
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Point No.(ii):
12. Each complainant has also claimed compensation of Rs.
his/her economical, physical and mental harassment. As per Section 72 of
the Act, 2016, the Respondents have been benefitted with advance principal
amount paid by the complainants, which is approximately more than
Rs.97,92,140/- and still the said amount is lying wit
they are using the same in development of their business. Presently, the
Respondents are avoiding delivery of flats/refund of advanced principal
amount to the complainants. It is also to be mentioned here with now a
flat of same area will not be available to each and every complainant in the
same locality at the same price, which was available to him/her in the year
2014. Hence, naturally the price of flats would have been multiplied.
the complainants have paid approximately
Service Tax to the Respondents, which is
consideration Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,
which is about 33% of the total consideration
their other projects and improving their business. In addition, in spite of
repeated assurances in the Court, the Respondents have not refunded the
advanced principal amount
into consideration, and the advance princip
complainants to the Respondents, I think,
complainant namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
Kumar, Sri Ramit Anand, Sri Dharmendra
Sri Vinay Kumar, Sri
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Each complainant has also claimed compensation of Rs.
mical, physical and mental harassment. As per Section 72 of
the Act, 2016, the Respondents have been benefitted with advance principal
amount paid by the complainants, which is approximately more than
and still the said amount is lying with the Respondents and
using the same in development of their business. Presently, the
Respondents are avoiding delivery of flats/refund of advanced principal
amount to the complainants. It is also to be mentioned here with now a
a will not be available to each and every complainant in the
same locality at the same price, which was available to him/her in the year
2014. Hence, naturally the price of flats would have been multiplied.
have paid approximately more than Rs.4.
Service Tax to the Respondents, which is about 66.00%
Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,
33% of the total consideration. The Respondents are running
projects and improving their business. In addition, in spite of
repeated assurances in the Court, the Respondents have not refunded the
advanced principal amounts to the complainants. So, taking all situations
and the advance principal amount paid by the
complainants to the Respondents, I think, the complainants
namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
Kumar, Sri Ramit Anand, Sri Dharmendra Kumar, Sri Ranjeet Kumar,
ay Kumar, Sri Ram Nandan Prasad Singh, Smt.Sweta Kumari,
Page 14
Each complainant has also claimed compensation of Rs.5.00 lacs for
mical, physical and mental harassment. As per Section 72 of
the Act, 2016, the Respondents have been benefitted with advance principal
amount paid by the complainants, which is approximately more than
the Respondents and
using the same in development of their business. Presently, the
Respondents are avoiding delivery of flats/refund of advanced principal
amount to the complainants. It is also to be mentioned here with now a
a will not be available to each and every complainant in the
same locality at the same price, which was available to him/her in the year
2014. Hence, naturally the price of flats would have been multiplied. 18 of
Rs.4.00 lacs plus
66.00% of the total
Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,
. The Respondents are running
projects and improving their business. In addition, in spite of
repeated assurances in the Court, the Respondents have not refunded the
to the complainants. So, taking all situations
al amount paid by the
the complainants each
namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
Kumar, Sri Ranjeet Kumar,
Nandan Prasad Singh, Smt.Sweta Kumari,
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Sri Purushottam Kumar Sinha
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
Chandra Bahera has
12 complainants named above ha
for their economical, physical and mental harassment.
No.(ii) is decided in positive in favo
Respondents.
Point No.(iii):
13. The complainants have visited repeatedly to the office of the
Respondents and contacted them as well as their staffs for refund of their
advanced principal amounts, but neither the
have given any heed to their requests till filing of the present complaint
cases. Though the complainants have not brought any proof on the record
about the actual expenses incurred by them,
would have incurred expenses in visiting to the office of the Respondents,
engagement of lawyer, execution
Bihar, remittance of Court Fee and in all these processes they would have
incurred not more
Respondents. Accordingly, I find and hold that each and every complainant
is entitled for litigation cost of Rs.
Accordingly, Point No.(iii) is decided in positive in favour of the complainants
and against the Respondents.
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Sri Purushottam Kumar Sinha, Smt. Vinita Kumari Sinha, Sri Kaushlendra
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
to be paid Rs.50,000/- and each of the
12 complainants named above has to be paid Rs.25,000/- as
for their economical, physical and mental harassment. Acc
No.(ii) is decided in positive in favour of the complainants and against the
nants have visited repeatedly to the office of the
Respondents and contacted them as well as their staffs for refund of their
advanced principal amounts, but neither the Respondents nor their staffs
have given any heed to their requests till filing of the present complaint
cases. Though the complainants have not brought any proof on the record
about the actual expenses incurred by them, but I think, the complainants
have incurred expenses in visiting to the office of the Respondents,
engagement of lawyer, execution of documents in the A.O. Court of RERA,
Bihar, remittance of Court Fee and in all these processes they would have
than Rs.15,000/-, which must be paid by the
Respondents. Accordingly, I find and hold that each and every complainant
is entitled for litigation cost of Rs.15,000/- against the Respondents.
Accordingly, Point No.(iii) is decided in positive in favour of the complainants
ainst the Respondents.
Page 15
, Smt. Vinita Kumari Sinha, Sri Kaushlendra
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
each of the remaining
as compensation
Accordingly, Point
ur of the complainants and against the
nants have visited repeatedly to the office of the
Respondents and contacted them as well as their staffs for refund of their
Respondents nor their staffs
have given any heed to their requests till filing of the present complaint
cases. Though the complainants have not brought any proof on the record
I think, the complainants
have incurred expenses in visiting to the office of the Respondents,
of documents in the A.O. Court of RERA,
Bihar, remittance of Court Fee and in all these processes they would have
must be paid by the
Respondents. Accordingly, I find and hold that each and every complainant
against the Respondents.
Accordingly, Point No.(iii) is decided in positive in favour of the complainants
15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Therefore, all the 30 complaint cases of the complainants named
above are allowed on contest with litigation cost of Rs.
fifteen thousand only) to each and every complainant
Respondents. The Respondents a
principal amounts along with accrued simple interest @ 9.30% per annum
thereon to the complainants
and every complainant to the Respondents till actual date of refund
said amount by the Respondents to each and every complainant. The
Respondents are further directed to pay compensati
complainants namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
Kumar, Sri Ramit Anand,
Vinay Kumar, Sri Ra
Sri Purushottam Kumar Sinha, Smt. Vinita Kumari Sinha, Sri Kaushlendra
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
Chandra Bahera Rs.50,000/
remaining 12 complainants named above Rs.25,000/
thousand only) as compensation for their econom
harassment. The Respondents are further directed to comply the order
within 60 (sixty) days, failing which the complainants are entitled get
enforced the order through process of the Court.
IN
RERA/CC/868/AO/244/2020 + 29 Analogous Cases
Therefore, all the 30 complaint cases of the complainants named
above are allowed on contest with litigation cost of Rs.15,000/
thousand only) to each and every complainant
Respondents. The Respondents are directed to refund
principal amounts along with accrued simple interest @ 9.30% per annum
to the complainants since the respective date of payment by
and every complainant to the Respondents till actual date of refund
by the Respondents to each and every complainant. The
espondents are further directed to pay compensation to
complainants namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
Kumar, Sri Ramit Anand, Sri Dharmendra Kumar, Sri Ranjeet Kumar,
ay Kumar, Sri Ram Nandan Prasad Singh, Smt. Sweta Kumari,
Sri Purushottam Kumar Sinha, Smt. Vinita Kumari Sinha, Sri Kaushlendra
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
Chandra Bahera Rs.50,000/- (Rupees fifty thousand only) and
remaining 12 complainants named above Rs.25,000/- (Rupees twenty five
as compensation for their economical, physical and mental
The Respondents are further directed to comply the order
within 60 (sixty) days, failing which the complainants are entitled get
enforced the order through process of the Court.
(Ved Prakash)
Adjudicating OfficerRERA, Bihart, P{atna
15
Page 16
Therefore, all the 30 complaint cases of the complainants named
5,000/- (Rupees
thousand only) to each and every complainant against the
the advanced
principal amounts along with accrued simple interest @ 9.30% per annum
respective date of payment by each
and every complainant to the Respondents till actual date of refund of the
by the Respondents to each and every complainant. The
to each of the
complainants namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag
, Sri Ranjeet Kumar, Sri
Sweta Kumari,
Sri Purushottam Kumar Sinha, Smt. Vinita Kumari Sinha, Sri Kaushlendra
Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore
Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna
and each of the
(Rupees twenty five
ical, physical and mental
The Respondents are further directed to comply the order
within 60 (sixty) days, failing which the complainants are entitled get
Sd/-
(Ved Prakash) Adjudicating Officer RERA, Bihart, P{atna
15-03-2021