Delhi

East Delhi

CC/720/2015

DR. PRATAL SHARMA - Complainant(s)

Versus

ANSAL HOUSING - Opp.Party(s)

29 Jan 2018

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.  720/15

 

Dr. Pratul Sharma

S/o Dr. M.L. Sharma

R/o B-58, Pocket-B

Mayur Vihar, Phase – II

Delhi – 110 091                                                           ….Complainant

Vs.

1. M/s. Ansal Housing & Construction Ltd.

15, UGF, Indra Prakash

21, Barakhamba Road

New Delhi – 110 001

 

2. M/s. Agarwal Properties and Home Loan

Authorised Person/Broker No. 9A095

Prop. Ajay Kumar

326, UGF, Ansal Sumanglam, RDC

Ghaziabad, UP                                                                …Opponents

 

Date of Institution: 17.09.2015

Judgement Reserved on : 29.01.2018

Judgement Passed on: 29.01.2018

 

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 Dr. Pratul Sharma against           M/s. Ansal Housing & Construction Ltd. (OP-1) and M/s. Agarwal Properties and Home Loan (OP-2), under Section 12 of the Consumer Protection Act, 1986. 

2.         The facts in brief are that complainant Dr. Pratul Sharma, at the instance of authorized representative of M/s. Ansal Housing & Construction Ltd. (OP-1) and M/s. Agarwal Properties and Home Loan (OP-2), agreed to purchase the units at basement of Ansal Sumedha, RDC, Ghaziabad, UP for a sum of Rs. 5,00,000/-.  He got the booking made on payment of      Rs. 21,000/- on 06.02.2015 against receipt.  He asked OP to get the allotment letter and further deposited the amount, but OPs did not care the words of the complainant.  He further deposited an amount of Rs.1,00,000/- with OP-1 by way of cheque and Rs. 30,000/- by way of cash on 16.03.2015.  This amount was collected by OP-1 from the residence of complainant.  After paying 30% of the projected amount, the complainant asked OPs to issue the documents, but the same were not issued.  After various requests, no allotment letter was issued.  By getting no response, the complainant got a legal notice issued on 25.07.2015.

            It has further been stated that by way of letter of dated 01.07.2015, OP-1 have demanded an amount of Rs. 36,377.04 from the complainant to pay as the interest of the dues amount till 01.07.2015.  The complainant have prayed for direction to OP-1 to stop the illegal and unlawful cancellation proceedings initiated by OP-1 and issuance of allotment letter and execute the Builder Buyer Agreement.  he has further claimed an amount of Rs. 3,00,000/- towards litigation charges, mental harassment, business loss, mental pain and agony. 

3.         In the reply, filed by OP-2, they have stated that they have collected the cheque and cash amount from the complainant at his residential address and deposited the same with OP-1.  Except this, they have nothing to do with other allegations.

            In the reply, filed on behalf of OP-1, they have stated that the complainant had got the booking for resale or for other commercial purpose.  Thus, he was not a consumer.  Complainant placed two bookings at a time with OP-1, one for unit no. BM-04 and other for unit no. BM-05.  Sale Deed pertaining to unit No. BM-04 has been completed, however, this complaint was for unit no. BM-05 for which the complainant failed to make due payment.  He himself was at fault in complying with the mutually agreed principal terms & conditions for the booking made with OP-1.  The last payment was made on 16.03.2015 and since then, he has not made the payment pertaining to unit no. BM-05.  He was served a final notice on 01.07.2015 which he ignored.  Due to non payment on the part of the complainant, OP-1 was compelled to cancel the booking.  The amount after deduction of 20% of basic cost of unit was credited to his account.  Other pleas have also been denied.   

4.         The complainant has filed rejoinder to the WS of OP-1, wherein he has controverted the pleas taken in the WS and reasserted his pleas. 

5.         In support of its complaint, 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 documents such as receipt no. 601684 dated 06.02.2015 for Rs. 21,000/- (Ex.CW-1/1), receipt no. 604597 dated 16.03.2015 for Rs. 30,000/- (Ex.CW-1/2), receipt no. 604606 dated 16.03.2015 for Rs. 1,00,000/- (Ex.CW-1/3), emails between the parties (Ex.CW-1/4 to 1/4E), letter dated 01.07.2015 sent by OP-1 (Ex.CW-1/5), reply of letter dated 01.07.2015 alongwith postal receipt (Ex.CW-1/6 and 1/6A), legal notices alongwith postal receipts (Ex.CW-1/7 to 1/7B) and maintenance invoice issued by maintenance company of OP-1 (Ex.CW-1/8).  

            In defence, OP-1 have examined Ms. Megha Karnwal, AR of OP-1, who have also deposed on affidavit.  She has also narrated the facts which have been stated in the WS.  She has also got exhibited documents such as copy of acknowledgement receipts of Flat Buyer’s Agreement for both the units (Ex.RW-1/1A and 1/1B), Principal Terms & Conditions (Ex.RW-1/2), copy of sale deed dated 06.11.2015 of unit no. BM-04 (Ex.RW-1/3), letter alongwith statement of account dated 08.04.2015 (Ex.RW-1/4), letter dated 01.07.2015 (Ex.RW-1/5), cancellation letter issued to complainant on 22.07.2015 (Ex.RW-1/6), refund letter, refund cheque and bank account statement showing credit of refund amount (Ex.RW-1/7A, 1/7B and 1/7C) and registered sale deed dated 11.12.2015 for unit no. BM-05 (Ex.RW-1/8). 

            No evidence has been filed on behalf of OP and they stopped appearing, hence, they were proceeded ex-parte.

5.         We have heard Ld. Counsel for OP-1 as the complainant did not appear to argue.  It has been argued on behalf of OP-1 that they have refunded the amount to the complainant as the cancellation was made due to non-payment of amount agreed.  From perusal of the evidence on record such as RW1/7B, it is noticed that a cheque for an amount of Rs. 52,000/- was issued by OP on 11.09.20p15, which was credited to his account on 17.09.2015 as per statement of accounts Ex.RW1/7C. 

            The complainant has filed the present complaint on 17.09.2015 on the very day when the amount was credited.  When he has filed the complaint after getting the amount, he was no more a consumer.  Therefore, his complaint deserves its dismissal and the same is dismissed.  There is no order as to cost.  

            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