MAHESH CHANDRA AGARWAL vs Ansal Properties And Infrastructure Limited

THE case of the complainant is that he booked three commercial units in a project named Ansal Plaza of the opposite party at Greater Noida in the year 2003 and three units bearing Nos.SF -217, SF -219 and SF -221 were allotted to him. The learned counsel for the complainant states that the complainant was to pay a sum of Rs.12,61,950/ - to the opposite party for all the three shops booked by him. The grievance of the complainant is that though the possession was to be handed over to him in the year 2006, the same has not been handed over till date. Another grievance of the complainant is that though he had booked shops on the front side, the opposite party has allotted him shops on the rear side of the complex for which 40% of the cost is liable to be refunded to him. The complainant is before this Commission seeking (i) compensation of Rs.4,00,00,000/ - on account of loss of business due to delay in handing over possession to him, (ii) refund of 40% of the cost along with interest @24% per annum for shifting his units from front side to rear side and (iii) interest @ 24% per annum on the payment made by him with effect from 01 -06 -2006(N), Rs.5,00,000/ - each as compensation for each unit booked by him for the mental agony caused to him and Rs.1,00,000/ - towards cost. He is also seeking direction to the opposite party to handover possession of the units allotted to him along with water connection.

IN our opinion, even if the possession has been delayed as is claimed by the complainant he is not entitled to compensation on account of the expected loss in the business which the complainant planned to start in the units booked by him. It cannot be said with certainty that the complainant would have earned profit, had he started some business in the commercial units booked by him, in the year 2006. He might as well have run into losses instead of making profits. Moreover, the complaint is silent as to how the complainant has estimated the figure of Rs.4,00,00,000/ - towards the loss of business due to delay in handing over possession of the units to him. In the absence of such particulars, a fanciful claim for such a huge amount cannot be entertained.

IN our opinion, even if the allegations made in the complaint are taken as correct the complainant besides possession of the units booked by him can be entitled only to interest on the amount paid by him, with effect from 01 -06 -2006 which according to him was the date by which possession was to be handed over to him, till the possession is actually handed over and that too at a reasonable rate such as 12% per annum. The principal amount paid by the complainant being Rs.12,61,950/ - the interest with effect from 01 -06 -2006 till the date of filing of this complaint, if calculated at the rate of 12% per annum would come to about the same amount which he claims to have paid to the opposite party. 40% of the amount paid by the complainant comes to about Rs.5,00,000/ -. Even if that amount is added to the principal amount and amount of interest calculated at the rate of 12% per annum, the total sum comes to about Rs.30,00,000/ -. In addition to interest the complainant is claiming Rs.5,00,000/ - for each unit as compensation for the mental agony. We have some doubt as to whether he is entitled to compensation over and above interest on the amount paid by him to the opposite party. However, even if we add a reasonable amount towards compensation on account of the alleged mental agony, the figure would be nowhere near Rs.1,00,00,000/ -. This Commission cannot entertain original complaints where the value of the goods or services as the case may be is less than Rs.1,00,00,000/ -. Therefore, from whatever angle we may see, it would be difficult to entertain this complaint on the original side of this Commission. Accordingly, we permit the complainant to withdraw this complaint and grant him liberty to approach the concerned State Commission by way of a fresh complaint after making necessary amendments in the light of view taken in this order.