Haryana

Sonipat

239/2014

Raj Kumar S/o Jagdish Lal - Complainant(s)

Versus

Ansal Properties & Infrastructure Ltd. , 2 The Manager Ansal Green Estate Appatment Sonepat - Opp.Party(s)

Ajay Tyagi

07 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.239 of 2014

                                Instituted on.16.09.2014

                                Date of order:19.10.2015

 

Raj Kumar Gaira son of Jagdish Lal, resident of House no.1579, Sector 13, Urban Estate, Karnal.

…Complainant.         

Versus

 

1.Ansal Properties & Infrastructure Ltd., 115, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi-110001 through its Managing Director/Authorized person.

2.The Manager, Ansal Green Escape Apartments, Sonepat.

                                                     …Respondents.

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Ajay Tyagi, Advocate for complainant.

           Sh. Mannu Malik, Adv. for respondents.

 

Before-    Nagender Singh-President.

Prabha Wati-Member.

DV Rathi-Member.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has booked a flat no.27 01 03 with the respondents i.e. in Green Escape Apartments, Sonepat and has deposited Rs.2,50,000/- on 10.2.2006 for the flat having an area measuring 1250 sq. feet. Further the complainant has deposited Rs.73437.50 paise with the respondents on 29.12.2006 vide receipt no.450341.   At the time of booking, it was assured by the respondents that the construction will be started very soon and possession of the flat will be handed over to the complainant within two years from the date of booking.  But till date, after the lapse of more-than eight years, the respondents did not deliver the possession of the flat to the complainant and it is also astonished that the work is still at the initial stage and even the basic facilities are not there.   The complainant has, thus, demanded back the amount of Rs.3,23,437/- from the respondents with interest and compensation, but this request of the complainant has ended into smoke and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that the complainant intentionally avoided to make the payment and has miserably failed to comply with the terms of allotment, so the respondents were left with no other option except to cancel the allotment as per the agreed terms. The complainant booked a flat no.270103 situated in Green Escape, Sonepat and the allotment letter dated 15.12.2006 was sent to the complainant.  No assurance of any kind was ever given by the respondents to the complainant that the possession of the flat will be handed over to him within two years from the date of booking.  The act of the respondents does not amount to any unfair trade practices and there is also no deficiency in service on the part of the respondents.  The complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the learned counsel for both the parties at length.  All the documents have been perused very carefully and minutely.

          Ld. Counsel for the complainant has submitted that approximately an amount of Rs.3,23,437/- was deposited by the complainant with the respondents w.e.f. 10.2.2006 to 29.12.2006.  More-than eight years have passed, but the respondents have failed to deliver the possession of the flat to the complainant, whereas it was assured by the respondents that the construction will be started very soon and possession of the flat will be handed over to the complainant within two years from the date of booking.  The respondents are utilizing the huge amount of the complainant without providing him any services because they have failed to hand over the possession of the flat to the complainant and further more, the work is at the initial stage and there are no basic facilities at the spot.

          Ld. Counsel for the respondents has submitted that the complainant intentionally avoided to make the payment and has miserably failed to comply with the terms of allotment, so the respondents were left with no other option except to cancel the allotment as per the agreed terms. The complainant booked a flat no.270103 situated in Green Escape, Sonepat and the allotment letter dated 15.12.2006 was sent to the complainant.  No assurance of any kind was ever given by the respondents to the complainant that the possession of the flat will be handed over to him within two years from the date of booking.  The act of the respondents does not amount to any unfair trade practices and there is also no deficiency in service on the part of the respondents.  The complainant is not entitled for any relief and compensation.

4.        In the present case, there is no dispute with regard to the fact that the respondents have cancelled the allotment of the complainant.

          Now the main question arises for consideration before this Forum is as to for what relief the complainant is entitled to?

          There is no dispute with regard to the fact that the complainant has deposited a sum of Rs.3,23,437/- with the respondents and the said amount is being utilized by the respondents without providing any services to the complainant.  The respondents have failed to deliver the possession of the flat to the complainant and when the complainant raised his demand for the refund of the deposited amount alongwith interest and compensation, this request of the complainant was turned down by the respondents and even during the pendency of the present complaint, the respondents never showed their intention to settle the case by redressing the grievances of the complainant and that amounts to a grave deficiency in service on the part of the respondents.  As per the respondents, have cancelled the allotment of the complainant. But as to on what date, the allotment of the flat of the complainant was cancelled, no date has been mentioned by the respondents.  The written statement was filed by the respondents on 27.5.2015 and the present complaint was filed on 16.9.2014 and if the respondents have cancelled the allotment in between 16.9.2014 to 27.5.2014, that also amounts to a grave deficiency in service on the part of the respondents, because it was also the duty of the respondents that they must have issued the prior notice to the complainant before taking such a step.  In our view, when the respondents have already cancelled the allotment of the flat of the complainant, the respondents have no right to retain the deposited amount of the complainant for their personal use.  In our view, definitely the complainant is entitled to get refund of his deposited amount from the respondents which is being utilized by the respondents unnecessarily particularly when as per the respondents, they have cancelled the allotment. Accordingly, we hereby direct the respondents to refund the amount of Rs.323437/-  to the complainant alongwith interest at the rate of 09% per annum from the date of filing of the present complaint till its actual realization.  Since the complainant has been able to prove the deficiency in service on the part of the respondents, the respondents are also directed to compensate the complainant to the tune of Rs.five thousands for rendering deficient services, for causing unnecessary mental agony,  harassment and further to pay compensation to the tune of Rs.five thousands  under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced: 19.10.2015