Delhi

East Delhi

CC/528/2016

MUKESH - Complainant(s)

Versus

AMRAPALI DEV. - Opp.Party(s)

15 Sep 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.  528/16

 

1. Shri Mukesh Kumar

 S/o Shri Braj Kishore Kumar

 

2. Mrs. Shashi Prabha

W/o Shri Mukesh Kumar

 

Both R/O: Quarter No. 865

Type – III, SPG Complex

Sector-8, Dwarka, New Delhi                                               ….Complainants

 

Vs.

 

Amrapali Dream Valley (P) Limited

Through its Chairman & Managing Director

Regd. Off.: 307, 3^rd Floor

Nipun Towers, Plot No. 15

Community Centre, Karkardooma,

Delhi – 110 092                                                                …Opponent

         

 

Date of Institution: 01.10.2016

Judgment Reserved on: 15.09.2017

Judgment Passed on: 18.09.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Mukesh Kumar and    Mrs. Shashi Prabha (complainants) against M/s. Amrapali Dream Valley (P) Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainants booked a flat bearing no. 502 in Tower F-7 in Amrapali Smart City and paid an amount of Rs. 1,83,225/- vide cheque no. 798809 dated 14.04.2010 drawn on Axis Bank, as booking amount against receipt no. 2441 dated 24.04.2010.  The project was launched in the year 2010 and was assured to be completed within 30 months from booking the flat.  The said project was stated to have been shifted in its upcoming project ‘Amrapali Dream Valley’ at GH-09, Tech Zone-IV, Greater Noida as the acquisition of the earlier project was declared null and void by the Allahabad High Court.

          The complainants were also informed that they will be shifted/transferred in the new project without any additional cost.  The complainants were assured that they have full rights over the property and building plans and necessary permissions from the concerned government were sanctioned.  They also assured that the project will be completed in a time bound manner.  The complainants were shifted from Amrapali Smart City to Amrapali Dream Valley-II.  They completed all the formalities in respect of consent for the new project.  They allowed the flat bearing no. 502, Tower/Block F-7, admeasuring  super area of 1115 sq. ft. alongwith open parking space in the above mentioned project (hereinafter referred as “Flat”) for a total consideration of Rs. 19,89,750/- and opted flexi payment plan. 

          OP executed a non-negotiable Allotment cum Flat Buyers Agreement dated 23.06.2011, but they refused to entertain any modification/amendment in the agreement and further informed the complainants that OP reserves right to forfeit the money deposited by the complainants, if complainants withdraw/cancel their booking.  The complainants had no option, but to execute the non negotiable Allotment cum Flat Buyers Agreement.  The complainants released the payment as per terms of agreement without any delay and default and have paid an amount of Rs. 11,99,930/-. 

          It has further been stated that as per Clause 19 of Agreement, OP undertook to complete the development/construction of flat within 30 months from 01.05.2011 or the date of starting of excavation/signing of Agreement, which may vary for 6 months.  However, they have failed to deliver the possession even after           5 years from the date of booking. 

          It has further been stated that the complainants have been paying rent and EMIs including interest @ Rs. 16,000/- to Corporation Bank from the date of booking of the flat and such unexplained and illegal delay in the possession of the flat has caused monitory as well as physical and mental harassment and damages to the complainants.  Thus, the complainants have prayed for refund of money amounting to Rs. 11,99,930/- alongwith 24% interest from the date of deposit of money; Rs. 6,50,000/- towards compensation for harassment, mental pain, agony and inconvenience’ Rs. 11,000/- cost of legal notice and Rs. 50,000/- towards litigation charges.

3.       Notice of the complaint was given to OP.  They were served, but they did not put the appearance, hence, they have been proceeded ex-parte.

4.       In support of its case, the complainants Shri Mukesh Kumar and Mrs. Shashi Prabha have examined themselves on affidavit.  Shri Mukesh Kumar have deposed the facts, which have been stated in the complaint.  He has also got exhibited documents such as application form (Ex.CW1/1), receipts issued by OP (Ex.CW1/2), letter dated 19.05.2011 (Ex.CW1/3), copy of Allotment cum Flat Buyers Agreement dated 23.06.2011 (Ex.CW1/4), copy of letter dated 27.12.2012 (Ex.CW1/5), photograph showing the actual status of construction (Ex.CW1/6), copy of loan paper sanction and disbursed to OP on demand (Ex.CW1/7), request letter to OP for covered parking (Ex.CW1/8), legal/demand notice dated 13.08.2016 and postal receipts (Ex.CW1/9 and CW1/10).

          Mrs. Shashi Prabha have also deposed the facts, which have been stated in the complaint.  She has also got exhibited the same documents, as exhibited by Shri Mukesh Kumar.

5        We have heard Ld. Counsel for complainants and have perused the material placed on record.  From perusal of the documents such as Allotment cum Flat Buyers Agreement (Ex.CW1/4), it is evident that the complainants made an agreement for flat no. F7-502, Type 2B2T (1115 sq. ft.) for a total cost of          Rs. 18,63,750/-.  As per this Agreement, the project was to be completed within 30 months from 01.05.011.  Further, from the receipts (Ex.CW1/2), it is evident that the complainants have paid a total amount of Rs. 11,99,930/-.  Further letter of dated 27.12.2012 (Ex.CW1/5) shows that the possession of the flat was delayed due to non approval of master plan, which was approved by NCR Planning Board and possession was to be handed over by August 2015 +        6 months. 

          Even if the project was delayed, the possession has not been handed over to the complainants even till the filing of the complaint, which is of dated 01.10.2016.  The fact that complainants have made a considerable payment amounting to Rs. 11,99,930/- and have not been given possession within the stipulated period, the delay in handing over the possession have caused mental pain and suffering for which the complainants have to be compensated.

          In view of the above, we order that M/s Amrapali Dream Valley (P) Ltd. (OP) shall refund the amount of Rs. 11,99,930/- with 9% interest from January 2016.  We further award compensation of      Rs. 1,00,000/-, which includes the cost of litigation.

          The order be complied within a period of 60 days, if not complied, the amount of compensation of Rs. 1,00,000/- shall also carry 9% interest from the date of order.

          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