Haryana

Kurukshetra

CC/232/2021

Rajiv jasuja S/o Mohan Lal - Complainant(s)

Versus

Arpann Green Estates Pvt - Opp.Party(s)

Bal Krishan

22 Nov 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION  KURUKSHETRA.

 

Consumer Complaint No.232 OF 2021

Date of Instt.:10.08.2021

Date of Decision: 22.11.2021.

 

Rajiv Jasuja son of Sh.Mohan Lal resident of house No.473/1, Masita House Thanesar, Tehsil Thanesar, District Kurukshetra, Haryana.

                                                                        …….Complainant.                                              Versus

 

1.Arpann Green Estates Pvt.Limited, Head office Bloc No.21, Pari Chowk Knoldge Part III, near Sharda Gole Chakkar Greater Noida Pin- 201310, U.P.Mobile No.92683-55555 through its Manager.

 

2. Arpann Greens Estate Pvt.Limited, Registered office at G-702, Palm Esdiency Sector 35, Karnal District Karnal through its Manager.

 

                ….…Opposite parties.

 

Complaint under Section 35 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                

                 

Present:     Shri Bal Krishan Gupta Advocate for the complainant.

                Ops ex parte.

ORDER

                  

                 This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by the complainant Sh.Rajiv  against Arpann Greens Estates and others etc, the opposite parties.

2.             The  brief facts of the present complaint are that the Ops had  given an advertisement in the Noida City regarding their business. The Ops were going to develop residential plots at C-48, in Block C as My City at Yamuna Expressway Greater Noida (UP). As per allotment letter dated 3.07.2014, the complainant was allotted residential plot bearing NO.C-48, Block C at My City YAMUNA Expressway Noida (UP) having approximate area of 150 sq.yards. The basic price of the plot was Rs.12,60,000/- which has been calculated @ Rs.8400/- per sq. yard. That the basic price of the plot covers development of internal services such as laying of roads, laying of water lines, laying of sewer lines, street lights within the peripheral limits of the residential area. It is further submitted that as per terms and conditions of the allotment letter dated 3.07.2014, it was agreed that the offer for possession of completed plot will be made within 36 months from the date of booking/sanction of plans whichever is later.  That the Ops have received Rs.4,20,000/- from the complainant but even then the Ops have not offered the possession nor delivered physical possession to the complainant inspite of repeated demands and requests of the complainant to their office at Karnal.  That the Ops made the assurance and premises at that time that title deeds were perfect and legal, there is no dispute pending in any court of law, layout plan stands already sanctioned and all requisite licnece and permissions have already been obtained. Ops had also assured that all charges and fees payable to the Govt. including IDC and EDC stands paid and 24 hours water supply would be made through arranged system and also assured to provide all other basic amenities at the site. It is submitted that the Ops have failed to made offer of possession within stipulated period as mentioned in the agreement and further refused to refund the amount  paid by the complainant, despite several request and service of legal notice dated 22.2.2021  which amounts to deficiency in services on the part of the Ops. It is also argued that the Ops have not developed the site till now and in the alternative the amount deposited by the complainant i.e. Rs.4,20,000/- may kindly be refunded alongwith interest and compensation.

 

3.             The Ops were duly served upon but failed to appear and contest the present case, therefore, vide order dated 5.10.2021, Ops were proceeded against ex parte.

4.             The complainant in support of his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1  to Ex.C-12 and closed his evidence.

5.             We have heard the learned counsel for the complainant and have gone through the material available on the case file.

 

6.             The learned counsel for the complainant  while reiterating the averments made in the complaint has argued that Ops had  given an advertisement in the Noida City regarding their business. The Ops were going to develop residential plots at C-48, in Block C as My City at Yamuna Expressway Greater Noida (UP). As per allotment letter dated 3.07.2014, issued to the complainant,  the complainant was allotted residential plot bearing NO.C-48, Block C at My City YAMUNA Expressway Noida (UP) having approximate area of 150 sq.yards. The basic price of the plot was Rs.12,60,000/- which has been calculated @ Rs.8400/- per sq. yard. That the basic price of the plot covers development of internal services such as laying of roads, laying of water lines, laying of sewer lines, street lights within the peripheral limits of the residential area. It is further argued that as per terms and conditions of the allotment letter dated 3.07.2014, it was agreed that the offer for possession of completed plot will be made within 36 months from the date of booking/sanction of plans whichever is later.  That the Ops have received Rs.4,20,000/- from the complainant but even then the Ops have not offered the possession nor delivered physical possession to the complainant inspite of repeated demands and requests of the complainant to their office at Karnal. The learned counsel  for the complainant has argued that as the site is not developed till now, the Ops be directed to refund the amount of Rs.4,20,000/- deposited by the complainant alongwith interest and compensation.

 

7.             The version put forwarded on behalf of the complainant completely goes unrebutted and unchallenged and it is established that vide allotment letter  dated 3.07.2014 Ex.C-1, the complainant was allotted residential plot bearing NO.C-48, Block C at My City YAMUNA Expressway Noida (UP) having approximate area of 150 sq.yards. The basic price of the plot was Rs.12,60,000/- which has been calculated @ Rs.8400/- per sq. yard. That the basic price of the plot covers development of internal services such as laying of roads, laying of water lines, laying of sewer lines, street lights within the peripheral limits of the residential area. It is established  that as per terms and conditions of the allotment letter dated 3.07.2014, it was agreed that the offer for possession of completed plot will be made within 36 months from the date of booking/sanction of plans whichever is later.  That the Ops have received Rs.4,20,000/- as per schedule of payment shown in the allotment letter, and payment made by the complainant vide Ex.C-2 to Ex.C-4, from the complainant but even then the Ops have not offered the possession nor developed the site. The Ops could not appear and depose that the site has now been developed. The Ops failed to redress the grievance of the complainant despite repeated requests and service of legal notice dated 22.02.2021 Ex.C-6, therefore, deficiency in services on the part of the Ops is duly proved.  Therefore, it is also established that the site has not yet been developed by the Ops. Therefore, the complainant is entitled for refund of Rs.4,20,000/- from the Ops alongwith interest @ 6% per annum from the dates of respective deposits till actual payment alongwith compensation for the mental harassment and agony caused to the complainant.

 

8.             In view of our above discussion, we accept the present complaint and direct the Ops to refund the sum of Rs.4,20,000/- to the complainant alongwith interest @ 6% per annum from the dates of respective deposits as shown in Ex. C-2 to Ex.C-4 till its actual realization. The Ops shall also pay a sum of Rs.20,000/-  to the complainant for the mental harassment and agony caused to him and Rs.5000/- for the litigation expenses. The Ops are further directed to make the compliance of this order within a period of 30 days from the date of preparation of the copy of this order, failing which the Ops shall be entitled to initiate proceedings u/s 71 of the Consumer Protection Act. Copy of the order be supplied to the parties  as per rules and the file be indexed and consigned to the record room after due compliance.

 

Announced in the Open Commission

Dated: 22.11.2021.     

                                                                               President.

 

                                      Member         Member.