Haryana

Karnal

CC/313/2017

Ramesh Kumar Nehra - Complainant(s)

Versus

APL Group Of Companies - Opp.Party(s)

28 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                             Complaint No.313 of 2017

                                                         Date of instt. 20.09.2017

                                                         Date of decision:28.11.2018

                                                                                       

Ramesh Kumar Nehra (Age 53 years) son of Shri Fakir Chand Nehra resident of House no.B-97, NFL Township, Panipat.

 

                                                                  …….Complainant

                                        Versus

 

1. APL Group of Companies, Head Office SCO-5, First Floor, Sector-8, Urban Estate, Karnal-132001 through its Director Shri Sushil Kumar Mehta resident of House no.331, Old Housing Board Colony, Sector-13, Urban Estate, Karnal.

2. APL Group of Companies, Head Office SCO-5, First Floor, Sector-8, Urban Estate, Karnal-132001 through its Director Shri Gulshan Kumar Chawla.

3. Narender Hooda son of Shri Munshi Ram c/o M/s Plus Properties, 467-A/4, 1^st floor, Malik Building, Adjoining Hotel City Heart, Near Bus Stand, Panipat and resident of House no.58, Aggarsain Colony, Assandh Road, Panipat.

 …..Opposite Parties.

       

           Complaint u/s 12 of the Consumer Protection Act.

               

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present  Complainant in person.

                Opposite parties no.1 and 2 exparte.

                Shri Surjeet Narwal Advocate for OP no.3.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant booked a flat on plot no.107 (ground floor) in APL Homes Project of APL Group of Companies at Sunny Enclave, Zirakpur, Chandigarh through OP no.3. Complainant paid Rs.3,78,000/- as booking of the abovesaid flat to the OPs. Thereafter, OP had issued allotment letter dated 10.09.2015 in favour of complainant for the allotment of flat no.107 in APL Homes Project of APL Group of Companies at Sunny Enclave, Zirakpur, Chandigarh. It is further alleged that as per allotment letter, the allottee shall pay the total sale price amounting to Rs.18,90,000/- for ground floor and as per clause 21 of the said allotment letter, the OP promised to complete the construction within a period of 18 months from the date of receipt of the allotment duly signed by the allottee, meaning thereby the OP will complete the construction till February, 2017. On 7.8.2015 the complainant on demand of OP again deposited an amount of Rs.2,69,062/-. It is further alleged that the OP has also given undertaking that they will give Rs.2,00,000/- in case of a person succeed in their draw of flat. OP gave assurance that the possession of the flat will be handed over to the complainant in the first week of June, 2017 but OP flatly refused to handover the flat of the complainant and even they threatened the complainant and another person not to come again in their office, otherwise they will involve them in other cases. Due to this act and conduct of OPs complainant suffered mental harassment, mental agony as well as financial loss. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, OPs no.1 and 2 did not appear and proceeded against exparte by the order of this Forum dated 16.02.2018.

3.             OP no.3 appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; mis-joinder and non-joinder of necessary parties; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the complainant never met to the OP no.3 regarding purchasing of flat in APL Group because the OP no.3 has no concern whatsoever with the APL ground. So the question of booking by the complainant through OP no.3 does not arise at all. The complainant with his free will and consent has booked the flat in the APL group. Hence there is no deficiency in service on the part of the OP no.3. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C5 and closed the evidence on 30.3.2018.

5.             On the other hand, OP no.3 tendered into evidence affidavit of Narender Hooda Ex.RW1/A and closed the evidence on 5.11.2018.

6.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             The case of the complainant is that the complainant booked a flat on plot no.107 (ground floor) in APL Homes Project of APL Group of Companies at Sunny Enclave, Zirakpur, Chandigarh through OP no.3. On demand of OP, complainant paid Rs.3,78,000/- as booking amount. On 10.09.2015, OPs issued allotment letter in favour of complainant of flat no.107 in APL Homes Project of APL Group of Companies at Sunny Enclave, Zirakpur, Chandigarh. As per clause 6 of the allotment letter, the allottee shall pay the total sale price amounting to Rs.18,90,000/- for the Ground floor, and as per clause 21 of said allotment letter the OP promised to complete the construction within the period of 18 months from the date of receipt of the allotment duly signed by the allottee, meaning thereby the OP will complete the construction till February, 2017. On 20.8.2015, the complainant, on demand of OPs again deposited an amount of Rs.2,69,062/-. OP gave assurance that the possession of the flat will be handed over in the first week of June, 2017 but lateron OP flatly refused to handover the flat of the complainant and even they threatened the complainant and another person, not to come again in their office, otherwise they will involve them in other cases. The complainant prayed for refund the total amount alongwith interest and compensation on account of harassment and mental agony etc.

8.             The OP no.3 filed written reply with the averments that he have no relation with the complainant as well as the OPs no.1 and 2. The complainant never met him in the regard of purchasing alleged flat from OPs no.1 and 2. He is also a victim as he has deposited Rs.50,000/- in cash with the OPs no.1 and 2 for purchasing a flat. He also requested OPs no.1 and 2 to return the money but he did not return the money and prayed for dismissal of complaint qua him.

9.             On perusal of the file, there is no evidence on record except oral version of the complainant to prove that the complainant met with OP no.3 and on the assurance of the OP no.3 the complainant and other persons booked the flats. The version of the complainant was denied by the OP no.3. Without any cogent evidence it cannot be held that flat in question was booked by the complainant on assurance of the OP no.3. Thus, OP no.3 have no concern about booking of the said flat by the complainant. Thus, he is not held liable for any deficiency of service on the account of OPs no.1 and 2.

10.           To rebut the evidence produced by the complainant, the OPs no.1 and 2 neither appeared nor filed any reply of the complaint and they opted to be proceeded against exparte. So, the version of the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. As per term and condition no.21 of the allotment letter Ex.C1, the company based on the present plans and estimates, endeavour to complete the construction of the said flat within a period of 18 months from the date of receipt of the allotment duly signed by the allottee or within extended period of 90 days. The complainant paid Rs.3,78,000/- which is clear from document Ex.C3 and Rs.2,69,000/- vide receipts Ex.C4 and Ex.C5. The said receipts clearly prove that complainant have paid Rs.6,47,000/- in total to the OPs no.1 and 2. As per the version of the complainant, the OPs no.1 and 2 failed to handover the flat in question to the complainant within stipulated period as mentioned in allotment letter Ex.C1 and as well as till date. Thus, we are of the considered view that OPs no.1 and 2 are deficient in service.

11.           In view of the above observation, we allow the present complaint and direct the OPs no.1 and 2 to refund the amount of Rs.6,47,000/- alongwith interest @ 12% per annum from the date of deposition of the amount till its realization to the complainant. We further direct the OPs no.1 and 2 to pay Rs.25,000/- to the complainant as compensation for rendering deficient service and harassment etc. We further direct the OPs no.1 and 2 to pay Rs.10,000/- towards litigation expenses. The entire amount be paid by the OPs no.1 and 2 to the complainant within period of 45 days from the date of receipt of the order otherwise it will carry interest @ 15% per annum till realization and it calls for pointed notice that under section 27 of the Act, if the OPs no.1 and 2 fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years or fine or both. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:28.11.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member