DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 365/2016
D.No.__________________________ Dated: _______________
IN THE MATTER OF:
1. AJAY KUMAR PANDEY S/o LATE SH. S.N. PANDEY,
2. Smt. BABITA PANDEY W/o SH. AJAY KUMAR PANDEY,
BOTH R/o 53 MIG FLATS, POCKET-B,
SECTOR-14, DWARKA,
NEW DELHI-110078. … COMPLAINANT(S)
Versus
AASHIYANA PROMOTERS & DEVELOPERS PVT. LTD.,
D-16/410, BLOCK-D, POCKET-16,
SECTOR-7, ROHINI, DELHI-110085.
ALSO AT: GH-06 A, TECHZONE-IV,
NOIDA EXTN., GREATER NOIDA (U.P.). … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 17.03.2016
Date of decision: 25.01.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants have filed the present complaint against the OPunder section 12 of the Consumer Protection Act, 1986 thereby alleging that OP had represented that Aashiyana Promoters & Developers Pvt. Ltd. is developing the new project i.e. La Galaxia at Plot no. HRA-11, 1st A, Surajpur Site-C, Greater Noida (U.P.) after
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successfully timely completion of various projects and the company will hand over the possession of residential flats in projects within 24 months as the work has already been commenced and the representative of OP had further represented to the complainants that necessary permission to develop the project has already been granted by the competent authorities of Greater Noida Development Authority. The complainants further alleged that the complainants believed the aforesaid representations of the representative of OP and jointly agreed to book a flat measuring area 1195 Sq. Ft. in project of OP and the complainant no.1 is an advocate practicing in Delhi Courts and out of his hard earned savings paid a total of sum Rs.4,96,765/- to OP i.e. Rs.2,96,765/- and Rs.2,00,000/- on various dates as per the demand of OP towards the part sale consideration of the flat under anticipation that OP would deliver the possession within stipulated period as assured by OP, as the flat was required for the purpose of residence of the complainants and the family members. OPafter the receipt of Rs.2,96,765/- executed allotment cum flat buyer agreement dated 30.05.2013 in favour of the complainants in respect of unit no. F-701, La Galaxia at 1195 Sq. Ft. and at the time of execution of the agreement OP has undertaken to deliver the possession within 30 months from the date of signing of the agreement. The complainants further paid an amount of Rs.2,00,000/- to the OP on theassurance given by
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the representatives of OP that the possession would be given within a stipulated period of 24 months i.e. by March-2015 i.e. prior to date mentioned in the aforesaid agreement. The complainant further alleged that OP made several demands from the complainants for payments but when the complainants visited site of OP in December-2014 & August-2015, the complainants were shocked to see that the construction was going on very slowly and the project could not be expected to be completed for a further period of 3-4 years and the complainants vide e-mail dated 03.07.2015 cancelled the booking and requested the OPto refund the amount paid with 12% interest and the complainants also asked OP regarding the formalities required to be completed for the refund of amount paid to OP alongwith interest. However, OP did not sent any reply to the complainants nor informed about any formalities to be completed for the refund of the amount paid to OP which is illegal and amounts to unfair trade practice as well as deficiency of service on the part of OP and the complainants have also been requesting OP to show the necessary permission to develop the projects but despite various requests by the complainants OP has neither furnished any copies of the necessary permissions nor even showed them to the complainants. The complainants also sent a legal notice dated 27.02.2016 through his
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counsel to OP by speed post which is neither replied and OP also failed to make the payment to the complainants which amounts to deficiency and unfair trade practice on the part of OP.
2. On these allegations the complainants filed the complaint praying for direction to OP to refund the amount of Rs.4,96,765/- alongwith interest @ 12% p.a.accured on the amount from the date of payment till the date of the refund as well as compensation of Rs.2,50,000/- for causing mental pain, agony, and the complainant has also sought Rs.75,000/- towards cost of litigation.
3. Notice to OP was issued through speed post for appearance on 30.05.2016 & 28.11.2016 and the notice to OP was served on 27.09.2016 as per track report. But none for the OP appeared on 30.05.2016, 30.08.2016, 22.09.2016, 28.11.2016 & 27.02.2017 and as such OP has been proceeded ex-parte vide order dated 27.02.2017. The complainants also filed affidavit with supporting proof of service.
4. In order to provethe case, the complainant no-1 filed his affidavit in evidence and also filed written arguments. The complainants placed on record documents i.e. copy of allotment cum flat buyer agreement, copy of payment schedule issued by OP, copy of details of project, copy of map of flat, copy of provisional invoice issued by OP, copy of e-mail communication between the complainants & OP
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and copy of legal notice dated 27.02.2016 alongwith postal receipts and tracking report.
5. Ld. Counsel for the complainants in support of his submissions relied on following authorities:
i) I (2015) CPJ 107 (DEL.) in case entitled Sandeep Lohia & ANR. Vs. Parsavnath Developers Ltd. of Hon’ble State Commission.
6. This forum has considered the case of the complainants in the light of evidence and documents placed on record by the complainants. The case of the complainants have remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainants. It appears that even after receiving various communications from the complainants and even receiving notice from this forum of this case, the OP has kept mum and has not bothered to answer the case of the complainants. It seems that OP has no defence at all and the complainants have proved their case from the documents as already discussed. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service.
7.Accordingly, the OP is directed as under:
i) To refund to the complainants an amount of Rs.4,96,765/- alongwith interest @ 12% from the date of deposit (i.e. Rs.2,96,765/- on 30.05.2013 & Rs.2,00,000/- on March-2015) till the date of this order.
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ii) To pay to the complainants an amount of Rs.60,000/- which includes cost of litigation as compensation towards mental agony and harassment caused to the complainants.
8. The above amount shall be paid by the OP to the complainants within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainants may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 25th day of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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