Delhi

East Delhi

CC/306/2014

BINAY - Complainant(s)

Versus

AMARPALI ZODIAC - Opp.Party(s)

30 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  306/14

 

Shri Binay Krishna

NTPC TVHPP, Kagbhusandi Office

Joshimath, Distt. Chamoli

Uttrakhand - 246443                                                             ….Complainant

 

Vs.

 

M/s. Amrapali Zodiac Developers Pvt. Ltd.

Regd. Off.: 307, 3^rd Floor, Nipun Towers

Karkardooma Community Centre

Delhi – 110 092                                                                …Opponent

 

 

Date of Institution: 28.03.2014

Judgment Reserved on: 30.10.2017

Judgment Passed on: 31.10.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Binay Krishna against   M/s. Amrapali Zodiac Developers Pvt. Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.        The facts in brief are that the complainant agreed to purchase a residential flat unit B-703, measuring super built up area of 1325 sq.ft. vide allotment letter dated 27.02.2010.  As per agreed terms and Clause 20(a) of the Flat Buyer Agreement (hereinafter referred as FBA), OP was to hand over the possession of the flat by 31.03.2012 to the complainant.  If OP fails to hand over the possession within stipulated time, he shall pay a sum @ Rs. 10/- per sq. ft. of the super area per month i.e. Rs.13,250/- for the delayed period after 31.03.2012. 

            It was stated that OP failed to hand over the possession till the date of filing the case.  He had not complied with the terms and conditions of Flat Buyer Agreement by not paying a sum of             Rs.13,250/- per month.  Complainant requested OP telephonically and through emails dated 04.06.2013, 07.08.2013, 22.08.2013 and 30.08.2013 to comply with the terms and conditions, but OP never replied to any of the emails.

            It was further stated that the complainant wrote a letter dated 09.09.2013 to the CMD of OP seeking immediate intervention in the matter, but CMD never replied to the letter.  Thus, he has prayed for direction to OP to hand over the possession of residential flat unit      B-703; pay an amount of Rs. 3,41,775/- as per Clause 12(C) of the Flat Buyer Agreement alongwith 18% interest; Rs. 13,250/- on a per month basis with 18% interest till the possession of the flat; Rs. 50,000/- compensation on account of  harassment, inconvenience, frustration and mental agony and Rs. 15,000/- towards cost of litigation.      

 3.       In the reply filed on behalf of OP, they have taken various objections such as this forum has no jurisdiction (pecuniary as well as territorial).  They have admitted that the complainant booked a flat No. B-703 with OP for a total sale consideration of Rs. 36,85,250/- on 02.12.2009 and they executed a Flat Buyer Agreement on 30.04.2010.  The complainant was defaulted in making timely payment of installments as per agreed payment schedule.         

            It was further stated that payment of compensation in terms of Clause 20 (c) of the FBA was subject to force majeure conditions beyond the control of OP and delay in completion of project due to such force majeure conditions and shall not be attributed to OP.  Other facts have also been denied.

4.        The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.        In support of its complaint, complainant have examined himself.  He has deposed on affidavit and have narrated the facts stated in the complaint.  He has got exhibited documents such as copy of allotment letter (Ex.PW1/1), copy of agreement (Ex.PW1/2), copy of emails to OP dated 04.06.2013, 07.08.2013, 22.08.2013 and 30.08.2013 (Ex.PW1/3 colly.), copy of letter sent to OP (Ex.PW1/4) and shared emails (Ex.PW1/5).  

            In defence, OP have examined Shri Kamlesh singh Yadav, authorized signatory of OP, who has also deposed on affidavit.  He has narrated the facts which have been stated in the WS.  He has also got exhibited documents such as copy of resolution (Ex.OP/1), copy of order dated 22.11.2012 and 11.12.2013 passed in writ petition no. Writ-C-60602 of 2012 (Ex.OP/2 colly.), copy of order dated 10.12.2012 and 25.09.2014 passed in writ petition no. Writ-C-56276 of 2012 (Ex.OP/3 colly.), copies of order dated 11.01.2013 passed by the NGT and order dated 14.06.2013 and 18.10.2013 passed by Hon’ble Supreme Court (Ex.OP/4 colly.), copy of letter issued by Noida Authority dated 11.02.2015 (Ex.OP/5) and copy of orders dated 14.08.2013, 28.10.2013 and 03.04.2014 (Ex.OP/6 colly.).

6.        We have perused the material placed on record as neither the complainant nor counsel for OP appeared to argue.  From perusal of the record, it is noticed that the sale consideration of flat, booked by the complainant was Rs. 36,85,250/-.  The fact that the sale consideration of the flat was Rs. 36,85,250/-, the complaint of the complainant goes on account of pecuniary jurisdiction and therefore, this forum was not having pecuniary jurisdiction to entertain the complaint, that being so, the same is dismissed.  There is no order as to cost.     

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President