Haryana

Kurukshetra

CC/278/2020

Divya Parkash S/o Krishan Kumar - Complainant(s)

Versus

Ansal Herman City - Opp.Party(s)

Harbir Singh Handa

21 Jan 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

Consumer Complaint No.278 of 2020

Date of Instt.21.08.2020

Date of Decision:21.01.2021.

 

Divya Parkash son of Krishan Kumar resident of house No.155/6,  Sector 6, Karnal, District Karnal-Haryana.                                                                          

                                                              …….Complainant.  

                                             Versus

 

1.Ansal Herman City Kurukshetra, Tehsil Thanesar, District Kurukshetra through its authorized signatory.

2.Ansal Housing & Construction Limited, Registered office:15 UGF, Indraprakash, 21 Barakhama Road, New Delhi – 1000001 through its authorized signatory.

3. Herman Properties Pvt. Limited, Registered Office: WZ-48, Kham Pur, West Patel Nagar, New Delhi – 110008 through its authorized signatory.

                ….…Opposite parties.

 

                Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                     

 

Present:  Sh.H.S.Handa Advocate for the complainant.

              OPs ex-parte.

 ORDER

              This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by the complainant Divya Parkash against Ansal Herman City etc - opposite parties.

2.             The brief facts of the present  complaint  are that  Opposite Parties  had widely advertised to provide best services to their customers and on the assurance of OPs, the complainant purchased the plot No.D-53 in Ansal Herman City Kurukshetra from the OPs for a total consideration of Rs.36,84,733/-. It was agreed between the parties that in case the complainant will make the payment of the total sale price in lump sum, then 6% less discount will be given on the basic price.  It was also agreed that at the time of application, the amount of 10% of the basic cost would be paid by the complainant and within 45 days of the booking of the plot 85%  would be paid and  at the time of offer of possession 5%  would be paid. It is also the case of the complainant that the OPs apart from making various advertisements in the matter of inviting  offers from General Public for allotment of residential plots/units in their housing project named as “ Ansal Herman City Kurukshetra” and while acting through its representatives contacted various people including the complainant and assured him for the allotment of independent plots/units in the eventuality of his applying for the same. It was also assured categorically and declared by the OPs to the complainant that all the legal and other official procedural formalities for  completing the construction of plots/units in their project stand already completed. All the requisite sanctions have been obtained from the concerned Government  Departments, the due charges and fee too stand paid  and the layout plans have already been sanctioned by the Government and thus the project would be completed in all respects within the stipulated period and the fully constructed plots/units set up on the site, shall be made available to  him in the assured time. The OPs made the following assurances and promises at that time

i)      Title deeds are perfect and legal.

ii)      There is no dispute pending in any court.

iii)     Layout plan stands already sanctioned.

iv)     All requisite licenses and permissions have already been obtained.

v)     All charges and fees payable on the Govt. including the IDC and EDC stand paid.

vi)     Excellent quality material in construction of roads and paths have been used.

vii)    Provision of 24 hours water supply through self arranged system is available.

viii)   Separate line for purified drinking water has been made available.

ix)     Adequate sewerage pipelines have been laid.

x)     Adequate drainage pipelines have been laid.

xi)     Internal Roads/paths have been built up with cement mortar.

Xii)    Uninterrupted power supply with fully back up has been made.

xiii)   Street lights have been provided.

xiv)   Earmarked parking area is ready for being provided.

xv)    A club with ultramodern facilities including that of a gym, swimming pool and multi restaurants has been building of which every allottee shall be ipso facto a member

 

                It averred that the OPs are although not denying to give such certificate but also at the same time also not providing such certificate to the complainant  inspite of requests made by him in that behalf. The complainant came to know that the residential unit is not yet habitable.  It is averred that the complainant was in dire need of  residential plot as the parents of the complainant are old aged persons and  keen interested to live in a religious place like Kurukshetra  and he had planned to shift in the new accommodation in April 2015 where they will enjoy the religious happily old life but the same has not become possible owing to the deficiency in services on the part of the OPs.  It is further averred that the complainant has now lost trust in the project of OPs and it is clear from the acts and deeds of the OPs that they are not interested in completing the construction of the said plots/units and not making the residential available for residential purposes, there is deficiency in services on the part of the OPs.

3.             The OPs have been duly served upon through registered post but one appeared on their behalf. Therefore, vide order dated 5.10.2020, OPs were proceeded against ex-parte.

 

4.             The complainant in support of  his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-9 and closed his evidence.

 

5.             We have heard the learned counsel for the complainant and have gone through the material available on the case file.

 

6.             As per complainant, he purchased the plot No.D-53 in Ansal Herman City Kurukshetra from the OPs for a total consideration of Rs.36,84,733/-. Allotment of the plot No.D-53 is duly established from the allotment letter Ex.C-1. It was agreed between the parties that in case the complainant will make the payment of the total sale price in lump sum, then 6% less discount will be given on the basic price.   It is also pleaded that it was  also agreed that at the time of application, the amount of 10% of the basic cost will be paid by the complainant and within 45 days of the booking of the plot 85%  will be paid and  at the time of offer of possession 5%  will be paid.  The complainant has pleaded that he deposited the entire cost of the plot i.e. Rs.36,84,733/- with the OPs. From documents Ex.C-2 to Ex.C-9 it is clear that the complainant has paid the total amount  of Rs.33,94,2309/- to the OPs but the  house was not made available to the complainant. The above version of the complainant goes unrebutted and unchallenged as the OPs have failed to appear despite due service and were proceeded against ex-parte. Therefore, deficiency in services on the part of the OPs is amply proved and as such  it is held that the OPs failed to deliver the house to the complainant despite depositing the sum of Rs.33,94,239/- and as such the complainant is entitled to refund of the amount of Rs.33,94,239/- alongwith interest @ 9% per annum from the dates respective deposits till realization.

 

7.             In view of our above observations, the present complaint succeeds and the same is hereby accepted. Accordingly, OPs are directed to refund the amount of Rs.33,94,239/- to the complainant  alongwith interest @ 9% per annum from the dates respective deposits till realization. The OPs shall also pay a sum of Rs.5000/- to the complainant for the mental harassment and agony caused to him together with Rs.5000/- as litigation expenses. The OPs are further directed to make the compliance of this order within a period of 45 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Forum:

Dt.: 21.01.2021.                                                  (Neelam Kashyap)

                                                                             President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.