District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.88/2022.

 Date of Institution: 14.02.2022

Date of Order: 11.10.2022.

Dimpy daughter of Shri Mam Chand Resident of House No.201, Village Daultabad, Sector-16A, Faridabad

...Complainant

Versus

1.                Ansal Crown Infrabuild Pvt. Ltd. Regd. Office: 118, UFF, Prakash Deep Building, 7, Tolstoy Marg, New Delhi 110 001 Through its Managing Director/Director/Secretary /Chairman/ authorized person

Also at :

2.                 Ansal Crown Infrabuild Pvt. Ltd. B-1/D-1, Mohan Co-operative Industrial Estate, New Delhi 110 044.

3.                Area Manager, M/s Ansal Crown Infrabuild Pvt.Ltd. Sector-80, Faridabad.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                   Sh. Rajpal,  counsel for the complainant.

                             Sh.  Gaurav Kumar, advocate alongwith Sh. B.Diwakar, counsel for opposite parties.

ORDER:  

                             The facts in brief of the complaint are that  the complainant declared successful in draw of lots for allotment of flats under EWS category held on 28.1.2015. The complainant was allottee of Flat No.EWS-317, Ansal Crown Heights, Sector-80, Faridabad. The complainant paid Rs.15,000/- at the time of Registration and paid Rs.37,500/- at the time of allotment i.e. 25.02.2015, Rs.37,500/- and Rs.37,500/- on 11.04.2015. Total cost of the flat fixed Rs.1,50,000/-. A sum of Rs.22,500/- was due against the complainant. It was mentioned in the allotment letter that respondent would receive the above said amount of Rs.22,500/- at the time of possession of the plot. More than 3 years had been passed but they had not handed the possession of the plot to the complainant. The complainant requested the respondent so many times to handover the possession of the flat but respondent had not paid any heed towards the request of the complainant.   The complainant sent legal notice  dated 18.08.2018 to the opposite parties but all in vain. Previously the complainant had filed complaint CC No.432/2018 before the Hon'ble Consumer Disputes Redressal Forum Faridabad. In the above said complaint Chandan Singh Billowria son of Shri Balram Singh made an statement on 30.08.2019 and undertake on behalf of the opposite party Nos. 1 to 3 that the possession of the property of flat in question shall be handed over to the complainant as soon as the occupation certificate for the project is received from the State Authorities which is expected to take maximum of two years from now.

                   After recording the statement of both the parties the Hon'ble Forum passed an order that " In view of the statement made by complainant, the present complaint is hereby dismissed as withdrawn. However, the complainant is given liberty to file the present complaint before the Consumer Forum, if so desired".

More than two years have been passed but the respondents have not handed over the possession of EWS flat No.317, situated in Ansal Crown Heights, Sector 80,Faridabad. Hence this complaint.  The complainant has prayed for directions to the opposite parties to:

a)                handover the possession of the EWS flat No.317, situated in Ansal Crown Heights, Sector-80,Faridabad

 b)                pay Rs. 20,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 21,000 /-as litigation expenses.

2.                Opposite parties  put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that  the present complaint being filed by the complainant was not maintainable as it was prima facie barred by the rule of Res-Judicata, as the complainant previously filed the complaint against the respondents vide case no. CC-432-2018 before this Hon'ble Consumer Commission which was withdrawn on 30.08.2019 by the complainant. And on the same facts again this case had been filed between the same parties with the same relief by the complainant for nothing but just to harass the respondents. The present complaint had been filed on the basis of the previous facts and cause of actions which had already been decided/settled previously between the same parties and the case was dismissed as withdrawn on 30.08.2019 and again filing the new case without showing any fresh cause of action and facts, on the same basis, in the complaint was nothing but just an abuse of the process of law. The present complaint being filed by the complainant was not maintainable as the complainant was not a consumer as the complainant had clearly bought the said unit for investment purposes only and not for earning livelihood. Hence the complainant was clearly excluded from the purview of the term "Consumer" as per provisions of Section 2(7)(1) of the Consumer Protection Act, 2019. Thus, the present complaint being maintained by the complainant deems dismissal at the threshold. The complainant had not approached the Hon'ble forum with clean hands and has concealed the material facts. The present complaint, which clearly suffers from gross and material concealments, was nothing but an arm twisting tactic to somehow extract unlawful gains under the garb of the present complaint from the Opposite Party, being fully aware of the present status of the construction of the project in question. Despite that the present complainant had the audacity to malafidely claim compensation by way of interest as claimed in the present complaint. The present complaint had been filed without any cause of action and the construction of the tower, wherein flat no. EWS-317 was allotted to the complainant was already completed and the only grant of occupation certificate from the state authorities was left which caused the delay in possession. As soon as the occupation certificate was issued by/granted from the concerned authorities the complainant would be granted possession of the flat without any delay.  Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties– Ansal Crown Private Infrabuild  with the prayer to: a)  handover the possession of the EWS flat No.317, situated in Ansal Crown Heights, Sector-80,Faridabad.   b) pay Rs. 20,000/- as compensation for causing mental agony and harassment . c) pay Rs. 21,000 /-as litigation expenses.

                   To establish his case the complainant  has led in his evidence, Ex.CW1/A – affidavit of Dimpy, Ex.C-1 – letter dated 10.02.2015, Ex.C-2 – Receipts, Ex.C-6 – order dated 30.08.2019 passed by the District Consumer disputes Redressal Forum, Faridabad,  copy of statement of Shri Chandan Singh Billowria son of Shri Balram Singh on 30.08.2019, Ex.C-8 – Adhaar card.

On the other hand counsel for the opposite parties strongly agitated

and  opposed.  As per the evidence of the opposite parties Ex.RW1/A – affidavit of Vishal Sehgal S/o Shri K.C.Sehgal, Authorised Signatory of opposite party having its registered office at 118 Upper First floor, Prakashdeep Building, 7 Tolstoy Marg, New Delhi, Ex.R-1 – Resolution.

6.                During the course of arguments, Shri Gaurav Kumar, Advocate alongwith counsel Shri B.Diwakar, counsel for Opposite party has made a statement on 26.07.2022 that “they are applied for the Occupation Certificate for some towers and soon they would get the occupation certificate and they are ready to give the possession of said tower on or before 15.9.2022.

7.                After going through the evidence led by the parties as well as the statement of Shri   Gaurav Kumar, Advocate alongwith counsel Shri B.D.Diwakar, the Commission is of the opinion that the complaint is allowed with the direction to the opposite parties to hand over the physical possession of the EWS flat No. 317, situated in Ansal Crown Heights, Sector-80, Faridabad within six months from the date of this order failing which the  opposite party will refund the paid amount alongwith interest @ 9% p.a.  from the date of deposits till its realization to the complainant.  The  Opposite parties are also directed to pay  compensation for an amount of Rs.2,00,000/-  to the complainant. Copy of this order be given to the parties free of costs and file be consigned to the record room.

Announced on: 11.10.2022                                  (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                            (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.