Delhi

StateCommission

CC/1205/2017

ANIL GOEL & ANR. - Complainant(s)

Versus

ANSAL PROPERTIES & INFRASTRUCTURE LTD. & ORS - Opp.Party(s)

H.C.MITTAL

19 Nov 2019

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                             Date of Decision: 19.11.2019

Complaint Case No. 1205/2017

In the matter of:

Sh. Anil Goyal

S/o Sh. Kulwant Rai Goyal

R/o C-417 Yojna vihar,

•                                                 .....Complainant

 

Versus

 

1. Ansal Properties & Infrastructure Ltd.

Regd. & Corporate Office:

115 Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi-110001

Through its Authorised Signatory

 

2. Sushil Ansal,

Chairman & Whole Time Director,

Ansal Properties & Infrastructure Ltd.

115 Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi-110001

 

3. Anil Kumar

Joint Managing Director & CEO

Ansal Properties & Infrastructure Ltd.

115 Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi-110001...Opposite Parties

 

                                                                  

 

CORAM

 

Ms. Salma Noor, Presiding Member

 

1.       Whether reporters of local newspaper be allowed to see the judgment?          

2.       To be referred to the reporter or not?                                                  

Ms. Salma Noor: Presiding Member

 

 

1.           This is a complaint under Section 17 of the Consumer Protection Act (in short the ‘Act’) filed by Mr. Anil Goyal wherein it is stated that in the year 2005-2006 he came to know through various advertisements given by OPs in respect of its Magic Waiver Scheme of their project Green Escape, Kundli, Sonepat. It is stated that relying upon the said advertisements and being allured by the OPs that the aforesaid scheme shall have all modern facilities and necessities and that the possession of the flat would be handed over within a period of 03 years, the complainant booked a residential apartment in the aforesaid project measuring 157 sq. mts. and paid a sum of Rs. 3,50,000/- in advance through cheque which was duly acknowledged by the OPs. It is stated that as required by OPs, the complainant further paid an advance sum of Rs. 30,250/- on 12.01.2007 and Rs. 1,52,100/- on 08.02.2007 which were also acknowledged by OPs. It is stated that on 06.03.2007, Flat Buyers’ Agreement was executed between the parties wherein Flat No. 01, 11^th Floor in Tower No.31 situated in the OPs proposed township namely “Green Escape” near Kundli Sonepat was allotted to the complainant. It is stated that OPs assured that possession of the flat shall be handed over to the complainant within 03 years. It is stated that OPs vide its letter dated 25.11.2009 and 11.12.2009 demanded further amount and was informed that they will not charge any interest on the delayed payment thereafter, complainant paid Rs.4,56,300/- on 25.06.2010. It is further stated that as per the demands of the OPs, complainant made payments time to time and up to, October, 2014 amount of Rs. 27,03,640/- was paid to the OPs which constituted the full payments to the OPs. It is stated that amounts paid by the complainant to the OPs on different dates upto 16.10.2014 are reflected in the ledger account of OPs which were provided by OPs to him on 30.03.2017 showing the entire payments of Rs.27,03,640/- and nil balance. It is stated that despite making full payments and after lapse of more than one decade from the execution of Flat Buyers’ Agreement, the OPs despite repeated requests and reminders failed to offer possession of the apartment to the complainant. It is stated that OPs neither in a position nor interested to handover the possession of the flat to the complainant though, OPs have received Rs. 27,03,640/-  from the complainant which is the total price of the flat including Club membership and Car parking etc. It is stated that OPs have deceived the complainant fraudulently and dishonestly and despite having received the total sale consideration have failed to deliver the possession as such OPs are liable to pay the interest @20% per annum compounded six monthly till payment/delivery.
2.           Alleging deficiency in service on the part of the OPs present complaint has been filed seeking the directions to OPs to refund the deposited amount of Rs. 27,03,640/- along with interest @18% p.a. and also Rs.6,00,000/- as compensation for harassment, torture and mental agony.
3.           OPs were served with the notice of the complaint. Counsel for OPs put in appearance and sought time for filing written statement. However, OPs did not file its written statement, therefore, the right of the OPs to file written statement was closed vide order dated 02.08.2018, which has not been challenged by the OPs.
4.           To succeed in the complaint, complainant filed his own affidavit wherein the contents of the complaint case have been reiterated on oath. Complainant has proved on record copy of the receipt dated 17.01.2006 issued by OPs in respect of payment of Rs. 3,50,000/-, Ex.CW-1/1; copy of demand letter dated 01.11.2006 issued by OPs, Ex.CW-1/2; copy of payment receipt of Rs. 30,250/- dated 12.01.2007 issued by OPs, Ex.CW-1/3; copy of demand letter dated 20.01.2007 issued by OPs, Ex.CW-1/4; copy of payment receipt dated 08.02.2007 of Rs. 1,52,100/-, Ex.CW-1/5; copy of letter dated 23.02.2007 written by OPs to complainant, Ex.CW-1/6; copy of Flat Buyers’ Agreement dated 06.03.2007, Ex.CW-1/7; copy of acknowledgement of submission of letter dated 23.09.2008, Ex.CW-1/8; office copy of letter dated 20.04.2009 containing the receipt of the OPs, Ex.CW-1/9; copy of letter dated 10.07.2009 and 20.08.2009, Ex.CW-1/10(Colly); copy of letters dated 25.11.2009 and 11.12.2009, Ex.CW-1/11 (Colly); copy of demand letters dated 05.05.2010 and 09.06.2010, Ex.CW-1/12 (Colly); copy of receipt dated 25.06.2010 of Rs. 4,56,300/-, Ex.CW-1/13; copy of ledger account provided to complainant by OP on 30.03.2017 showing the entire payment of Rs. 27,03,640/-, Ex.CW-1/14.
5.           Evidence of the complainant has gone unrebutted. From the unrebutted evidence, it stands proved that complainant has made the total payment of Rs. 27,03,640/- to the OPs towards total sale consideration.
6.           I have heard the counsel for the complainant and perused the material on record.
7.           It is admitted position that till date, no offer of possession has been given by the OPs to the complainant. There is no explanation of delay as the right of OPs to file written statement was closed. From the unrebutted evidence of the complainant, deficiency in service on the part of OPs stands proved. The allottee is not expected to wait for possession of the apartment for an indefinite period. I, therefore, allow this complaint and direct the OP to refund an amount of Rs. 27,03,640/- along with interest @10% p.a. from the date of each deposit till realization. There is no separate order for compensation as the interest has been awarded in the form of compensation.

 

 

8.           A copy of this order be sent to the parties free of cost as per statutory requirements. Thereafter file be consigned to Record Room.                

(Salma Noor)

Presiding Member