Delhi

East Delhi

CC/229/2016

JATENDAR - Complainant(s)

Versus

AMI PRABHU - Opp.Party(s)

22 Nov 2019

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. 229/16

 

Shri Jatender Bhaskar

S/o Late Shri Dewan Chand Bhaskar

Vasudha Apartment, Flat No. 219

Plot No. 41, Sector-9, Rohini

New Delhi – 110 085                                                   ….Complainant

Vs.     

 

1. M/s AMI Prabhu Developers Pvt. Ltd.

Through its Managing Director / Principal Officer

Regd. Off.: 303, Gupta Arcade

Local Shopping Centre

Mayur Vihar Phase – I Extension

Delhi – 110 091       

 

2. M/s. AMI Prabhu Developers Pvt. Ltd.

Through its Managing Director / Principal Officer

Admn. Off.: 1170, Sector – 2

 Bahadurgarh - 124 507                                                              …Opponents

 

Date of Institution: 09.05.2016

Judgement Reserved on: 22.11.2019

Judgement Passed on: 27.11.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

           This complaint has been filed by Shri Jatender Bhaskar against   M/s. AMI Prabhu Developers Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.        The facts in brief are that the complainant Jatender Bhaskar booked a flat vide application no. 379 dated 09.11.2013 in PDM Green (Group Housing Colony) in Sector – 3A, Bahadurgarh, Haryana and made a payment of Rs. 5,00,000/- vide Pay Order no. 000086 dated 09.11.2013, drawn on Bank of Baroda, being advance for provisional registration of the said flat vide receipt no. 099.  His son Mukul Bhaskar was co-applicant. 

It has been stated that OPs collected a sum of Rs. 3,40,000/- and               Rs. 1,60,000/- on two occasions making a total of Rs. 10,00,000/-.  They were formally allotted the flat in the said project.  The complainants have been regularly contacting the OPs about completion of the project and the possession thereof, however, there was nothing on the site.  The complainant kept on waiting for two more years for the allotment and actual delivery of possession when OPs intimated that the construction work for the said project had been shelved, but construction work did not commence and there was no chance of such flats being completed or handed over to the complainants. 

Since the complainant was not informed about the progress of the project, he was compelled to seek refund alongwith usual interest and damages.  He was informed that the complainant have to surrender the original discharged receipts.  He recorded such prepaid discharge on the original receipts for payment with the letter of dated 22.11.2015. 

The complainant made repeated visits to their office, but he had not been paid the said amount.  Legal notice was also sent to the OPs.  This, the complainant have stated caused harassment, mental agony for which he sought the damages/compensation.  The complainant have also stated that the act of the OPs amount to unfair trade practice as well as deficiency in service.  Hence, he has prayed for directions to OP to refund the sum of Rs. 10,00,000/- alngwith 24% interest from the date of payment; compensation of Rs. 5,00,000/- on account of mental agony, harassment and shock suffered by them and Rs. 13,000/- being the costs already incurred while running after the respondents.  

3.        In reply filed on behalf of M/s. AMI Prabhu Developers Pvt. Ltd. (OP), it has been stated that the flat in question was at Bahadurgarh and no cause of action have arisen within the jurisdiction of this forum.  They have settled the account of the complainant in full and final in December, 2015 for the present booking.  They have admitted that the complainant got booked flat in PDM Greens by paying an amount of Rs. 10,00,000/-. 

           They have stated that since the said project was got delayed, he cancelled the booking in PDM Greens and requested the OP to refund his amount of Rs. 10,00,000/-.  They agreed to refund the amount on return of original receipts.  On 22.11.2015, he deposited the original receipts.  On the very day, he saw other project of OP in Sector-3A, Bahadurgarh viz. PDM High Tech Homes and shown his willingness to book a flat afresh in the said project adjusting his amount of Rs. 10,00,000/- towards new booking.  The OP agreed to that also. 

           On 28.12.2015, he submitted the application form no. 0000460 for booking the flat in the said project in the name of his daughter Ms. Sonia Bhaskar and he stood as co-applicant.  He agreed to pay a sum of          Rs.10,00,000/- by March, 2016 after adjusting the amount of                     Rs. 10,00,000/- already paid for booking in PDM Greens.  He also agreed to pay the remaining installments till December, 2016.  He noted the payment plan in his own handwriting and handed over the same to the office of OP on 28.12.2016.  On the very day, he handed over cheque no. 258796 dated 28.12.2015 drawn on OBC, Rohini Branch for a sum of       Rs. 4,00,000/-.  The said cheque got lost in the office of OP and could not be presented for encashment.  However, in the month of March, 2016, when further payment became due, the complainant was contacted who showed his inability in paying the amount.  His cheque no. 258796 was also not sent for encashment.  The complainant also sought some time to make the payment in lieu of the said cheque.

           It is stated that the project in PDM High Tech was ready for possession and it was the complainant who was not making further payment.  Since the complainant did not make the payment towards his new booking, his amount of Rs. 10,00,000/- was liable to be forfeited.  There was no dispute in respect of the booking made by the complainant in PDM Greens in November, 2013.  They have denied other facts also.  

4.        Complainant have 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 case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of receipts of      Rs. 5,00,000/- and bank statement (Ex.PW-1/2 and 1/3), copies of relevant receipts (Ex. PW-1/4 and 1/5), photocopy of letter dated 22.11.2015     (PW-1/6) and copy of legal notice & its postal receipts (Ex.PW-1/7 & 1/8).

           In defence, OP have examined Shri Bijender Singh, Director of     M/s. AMI Prabhu Developers Pvt. Ltd. (OP), who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS.  He has got exhibited copy of application form (Ex.DW-1/1) and copy of handwritten payment plan (Ex.DW-1/2).

6.        We have heard the complainant in person and Ld. Counsel for OP and have perused the material placed on record.  The only argument which has been advanced on behalf of OPs has been that the complainant got the new booking made by adjusting the amount of Rs. 10,00,000/- and he was asking for that.

           On the other hand, the complainant have stated that he did not ask for adjustment of the amount and the amount of Rs. 10,00,000/- have been towards the booking stated in the complaint itself.

           To appreciate the arguments of the complainant as well as the      Ld. Counsel for OP, the testimony of complainant as well as of                Shri Bijender Singh, Director of OP have to be perused.  If the testimony of complainant and the documents put on record are perused, it is noticed that the complainant have deposited an amount of Rs. 5,00,000/- on 09.11.2013 at the time of booking and paid the further amount of Rs. 1,60,000/- on 21.11.2013 and Rs. 3,40,000/- on 09.01.2014 against the receipts issued by OP.   Thus, the complainant have paid a total amount of Rs. 10,00,000/-. 

           It is admitted case of OP through the testimony of Shri Bijender Singh that the complainant have paid an amount of Rs. 10,00,000/- for the booking in PDM Greens.  He has placed on record the booking made in PDM High Tech Homes in the name of his daughter Ms. Sonia Bhaskar through application form (Ex.DW-1/1).  He has further stated that he agreed to pay a sum of Rs. 10,00,000/- by March, 2016 after adjusting the amount of Rs. 10,00,000/- for the booking made in PDM Greens.  He has got exhibited the hand note which is stated to be in the handwriting of the complainant as Ex. DW-1/2. 

              In the absence of any document issued by OP that they have adjusted an amount of Rs. 10,00,000/-, this handwritten note cannot be accepted at all.  Thus, the fact remains that the complainant have paid an amount of Rs. 10,00,000/- for the booking in PDM Greens, the possession of which has not been delivered within the stipulated time.  By not delivering the possession within the reasonable time, the complainant has been compelled to get the flat cancelled and ask for refund of the amount which has not been paid by OPs.  By not delivering the flat within the stipulated time, OPs have been deficient in their services which has caused mental pain and suffering for which the complainant have to be compensated. 

           In view of the above, we order that M/s. AMI Prabhu Developers Pvt. Ltd. (OP) shall refund the deposited amount of Rs.10,00,000/- alongwith 9% interest from the date of filing of complaint i.e. 09.05.2016.  We further award compensation for an amount of Rs. 20,000/- on account of mental pain and suffering which includes the cost of litigation. 

           This order be complied within a period of 60 days from the date of order.  If not complied, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order till realization. 

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

           File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                            (HARPREET KAUR CHARYA)

       Member                                                                        Member 

(SUKHDEV SINGH)

                   President