Haryana

Yamunanagar

CC/815/2012

Rajinder Kaur W/o Jaswinder Singh - Complainant(s)

Versus

Ansal Housing And Construction Ltd. - Opp.Party(s)

None for complainant.

19 Jul 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                    Complaint No. 815 of 2012

                                                                                    Date of institution: 31.07.2012          

                                                                                    Date of decision: 19.07.2017

 

1. Smt. Rajinder Kaur wife of Shri Jaswinder Singh, aged about 50 years.
2. Jaswinder Singh son of Shri Jhanda Singh, aged about 55 years.

 

Both residents of House no.249215-A, Malviya Nagar, Jagadhri, District Yamuna Nagar.

 

 …Complainants.

                                                            Versus

1. Ansal Housing and Construction Limited registered & Head office: 15, UGF, Indra Prakash, 21, Barakhamba Road, New Delhi-110001, through its MD.
2. Ansal Housing & Construction Ltd. Ansal Town, Yamuna Nagar, District Yamuna Nagar, through its Authorized person. 

 

                                                                                                                                                                                                                                                                                                …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

                        Smt. Veena Rani Sheokand……………… MEMBER

 

Present:           None for complainant

                        Shri Sushil Kaushal, Advocate for OPs.

 

 

ORDER (ASHOK KUMAR GARG, PRESIDENT)

 

 

1.                     The present complaint under section 12 of the Consumer Protection Act. 1986 amended upto date against the respondents (hereinafter respondents will be referred as OPs).

2.                     Brief facts of the complaint, as alleged in the complaint, are that complainant purchase a plot in Ansal Town Yamuna Nagar and got booked a plot No. C013 measuring 502.32  Sq. Yards (420 sq. yards) @ 5750/- + PlC Rs.300/- per sq. yards i.e. a total sum of Rs.3039036/-  by applying loan from the HDFC Bank Limited. It has been further mentioned that according to the allotment of the total price of Rs.3039036/-  was to be paid by the complainant with the internal of 2 month  in 7 installments period started from the 24.02.2010 to 24.02.2011 and last installment of Rs.1,51,951/- was to be paid of final an offer of possession. The complainant has deposited the installments regularly upto 12.02.2011 and only one installment of Rs.151951/-  i.e. 5 percent of total consideration was  out of which was to be paid by the complainant at the time of offer of possession of the plot in question. It has been further mentioned that OP have issued a letter dated 16.12.2011 for deposit of amount as External Development Charges (EDC) and Infrastructure Development Charges (IDC) and in the hope of possession of the plots the complainants deposited a sum of Rs.695000/- besides installments with the OPs. The OPs were bound to hand over the possession to booked plot within month of 7 installments i.e. 24.02.2011 and in default of possession the OPs were liable to be pay interest on the deposit amount till the delivery of possession but till date the OPs have never offer the possession of plot rather the OPs have sent a letter dated 07.03.2011 demanding a illegal amount as EDC, IDC, utility and STP charges from the complainant which is can illegal and arbitrary just to harass the complainant. On receipt of the said illegal notice, the complainant approached the OP No.2 at Yamuna Nagar and requested to withdraw the said letter /notice but the OPs did not pay any heed to the genuine requests of the complainant. Lastly it ahs been mentioned that complainant have already deposited a sum of Rs.2887085/- along with EDC/IDC charges of Rs.695000/- with the OPs but even then the OPs have neither offer the possession of plot nor handed over the possession of the complainant. Despite so many requests rather they have sent a false and illegal letters demanding illegal amount and prayed for directing the Ops to withdraw the letter/notice issued to the complainant and not to demand the illegal amount of any amount and further also to pay compensation of Rs.90,000/- for mental agony, harassment and also to pay interest on amount of Rs.2887085/-  and Rs.695000/- deposited by the complainant and also to pay Rs.7700/-  as well as litigation expenses.

3.                     Upon notice, OPs appeared and filed their written statement taking some preliminary objections such as complaint is not maintainable; complainant has not locus standi to file the present complaint; complainant estopped from filing the present complaint by their own act and conduct; this forum has no jurisdiction to entertain and try the present complaint, since as per clause 53 of the allotment agreement any dispute between the parties has to be settled through arbitration; complainant have concealed the true and material facts., complainant has not come to the Forum with clean hands and on merit it has been denied that complainant have to pay a sum of Rs.131951/- i.e. 5%  of the total consideration; rather the complainant have to pay a sum of Rs. 1571693.06/- which includes the basic cause EDC, withdrawal connection charges surveyor connection charges, IDC, utility charges, Additional ERDC, STP charges + interest as per letter  dated 11.02.2013 issued by the OP s upto 11.02.2013. However, it has been admitted that a letter dated 16.12.2011 was sent regarding deposition of Rs.695000/-. Further it ahs been submitted that the OPs have sent a letter dated 07.03.2012 offered of possession right which the complainant were required to deposit all the dues but the complainant failed to deposit their dues till today and as per terms and conditions of the offered of possession the complainant are bound to pay interest @ 24% per annum on the delayed payment. The letter dated 07.03.2012 was legal. Rests contents of the complaint were controverted and reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of the complaint.

4.                     Complainant failed to adduce any evidence despite so many opportunities hence evidence of the complainant was closed by Court order dated 27.02.2017.

5.                     On the other hand, learned counsel for the OPs tendered into evidence his affidavit as Annexure RW/A and photocopy of letter dated 16.12.2011 as Annexure R-1, letter dated 01.02.2012 as Annexure R-2, letter dated 16.03.2012 as Annexure R-3, letter dated 11.02.2013 as Annexure R-4, letter dated 04.03.2013 as Annexure R-5, letter dated 07.03.2012 as Annexure R-6, photocopy of allotment  letter Annexure R-7 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel for parties and have gone through the pleadings as well as documents placed on the file very carefully and minutely.

7.                     It is not disputed that complainant got booked a plot bearing No. C013 measuring 502.32  Sq. Yards (420 sq. yards) @ 5750/- + PlC Rs.300/- per sq. yards units i.e. total sum of Rs.30,39,036/- with the OPs at Ansal Town Yamuna Nagar. As per version of the complainant mentioned in Para No.4 of the complainant only one installment of Rs.1,51,951/- is due which was to be paid by the complainant at the offer of possession of the plot to the complainant whereas on the other hand as per version of the OPs mentioned in Para No.4 of the reply on merit a sum of Rs.15,31,693.06/-  which includes balance basic cause EDC, withdrawal connection charges surveyor connection charges, IDC, utility charges, Additional ERDC, STP charges + interest as per letter  dated 11.02.2013 issued by the OP s upto 11.02.2013 is due against the complainant as the complainant has failed to adduce any evidence and prove the documents placed on file at the time of filing complaint, hence in the absence of any cogent evidence we are unable to hold that there was some dues remain against the complainant as alleged in the written statement by the OPs. From the other angle also  from the contents of the complaint it is duly evident that complainant has purchased a plot in Ansal Town Yamuna Nagar for a sum of Rs.30,39,036/-  which is out of preview of peculiary jurisdiction of this Forum as the peculinary jurisdiction of this Forum is upto Rs.20 lacs as mentioned  under Section 11 of the Consumer Protection Act. The same view has been held in case titled as “Ambrish Kumar Shukla & 21 Ors. Vs. Ferrous Infrastructure Pvt. Ltd. in CC No.97 of 2016 decided by National Commission”.

8.                     Resultantly, in the circumstances noted above, we are of the considered view that this Forum has  no Pecuniary jurisdiction in the present complaint and the same is hereby dismissed with no order as to cost. However, complainant is at liberty to approach the appropriate Forum to redress his grievances, if so advised. Exemption of time spent before this Forum is granted in terms of judgment of the Hon’ble Supreme Court of India in case titled as “Luxmi Engineering Works Vs. P.S.G. Industrial Institute (1995)III, SCC Page 583”. Copies of this order be supplied to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Pronounced in open court:19.07.2017.

 

 

		(ASHOK KUMAR GARG) PRESIDENT,DCDRF,Yamuna Nagar.
(VEEN RANI SHEOKAND)             MEMBER	(S.C.SHARMA) MEMBER