No leniency should be shown to “unscrupulous litigants” who file “meritless” petitions in different fora to cover up their faults, the apex consumer commission has held while asking a real estate firm to pay Rs 7.7 lakh for not handing over possession of a flat in time.
“No leniency should be shown to litigants who in order to cover up their own fault and negligence, go on filing meritless petitions in different fora…Equity demands that such unscrupulous litigants whose only aim and object is to deprive the other party of the fruits of the decree must be dealt with heavy hands,” the National Consumer Disputes Redressal Commission’s (NCDRC) said and imposed a cost of Rs 20,000 on the Delhi-based firm.
A bench presided by Justice Mr V.B Gupta made the observation while dismissing the plea of Dreamland Promoters and Consultants against the Delhi State Consumer Commission’s August 18, 2011 order, upholding a District Forum verdict.
The district forum had directed the real estate firm to refund the Rs 7 lakh paid by Mr Pramod Kumar, hailing from Uttar Pradesh, for booking a two-bedroom flat in a housing project of the firm and to pay him Rs 50,000 as compensation.
Mr Kumar in his complaint had said that he had booked a two bedroom flat in a housing scheme of the firm and had deposited a total of Rs 7 lakh through two instalments of Rs 3.5 lakh each, on June 6, 2006 and January 19, 2007.
The flat was to be delivered within 12 months from the date of application, however, even after three years, not only was the possession of the flat not delivered to him, but there was also ambiguity regarding the status of the construction, Mr Kumar had alleged.
In its written statement, the firm while admitting it had received the Rs 7 lakh, had contended that subsequent instalments had not been paid by Mr Kumar, who had filed the complaint only to harass and defame it.
The NCDRC while dismissing the firm’s petition said, “Two fora below have given detailed and reasoned orders which do not call for any interference.”