CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.253/2012
SMT. SUMITRA DEVI
W/O SH. S.K. SHARMA
RZH-640, RAJ NAGAR, PART-II,
PALAM COLONY,
NEW DELHI-110077
…………. COMPLAINANT
Vs.
M/S ARUN DEV BUILDERSLIMITED,
CORPORATE OFFICE F-89/11,
OKHLA INDUSTRIAL AREA, PHASE-I,
NEW DELHI-110020
…………..RESPONDENT
Date of Order: 11.02.2016
O R D E R
A.S. Yadav – President
The case of the complainant is that she booked a flat measuring 350 sq. ft. in “Future Township” project of OP at Dev City Bhiwadi, Rajasthan. The total cost of the flat was Rs.4,37,850/-. As per payment plan, Booking amount of Rs.30,000/- to be paid at the time of registration, Construction amount of Rs.30,000/- to be paid within four months of registration and 189 monthly instalments @ Rs.2,000/- p.m. to be paid in 15 years and 9 months.
Complainant paid a sum of Rs.27,000/- at the time of booking on 04.10.2008 and thereafter paid a sum of Rs.30,000/- as construction amount and further paid Rs.54,000/- in 27 monthly instalments @ Rs.2,000/- per month, thus in all complainant paid a sum of Rs.1,11,000/- . The possession of flat should have been delivered within 36 months from the date of registration. On expiry of allotment date, complainant tried to find out construction position of flat from officials of OP but she received fictitious information and found that no construction work has yet started there. Thus as per terms of registration, she applied for withdrawal of money vide application dated 26.12.2011 and reminder dated 05.01.2012 however nothing was done. Ultimately this complaint was field.
It is prayed that OP be directed to refund the amount of Rs.1,11,000/- alongwith interest @ 18% and also to pay Rs.70,000/- for compensation and Rs.25,000/- for litigation expenses.
OP in the reply took the preliminary objection that this Forum lacks territorial jurisdiction to entertain the present complaint. It is not denied that complainant booked a flat in question and paid a sum of Rs.1,11,000/-. However, it is stated that complainant has committed default in the payment of the amount and only paid a sum of Rs.1,11,000/- towards total cost of Rs.4,37,850/-. It is denied that no construction was carried out at the spot. It is prayed that complaint be dismissed.
We have heard Ld. Counsel of parties and carefully perused the record.
As per payment plan, Rs.30,000/- to be paid at the time of registration, Rs.30,000/- to be paid within four months of registration and 189 monthly instalments @ Rs.2,000/- p.m. to be paid in 15 years & 9 months.
Complainant paid a sum of Rs.27,000/- at the time of registration, Rs.30,000/- within four month of registration and also paid Rs.54,000/- in 27 monthly instalments @ Rs.2000/- per month hence in all she paid Rs.1,11,000/- meaning thereby that she has paid a substantial amount but the possession was not handed over to her. The full payment was to be made in 15 years but the possession was to be handed over in 36 months but the same was not done though substantial amount has been received by OP. OP has not written any letter to complainant regarding the progress of the construction or regarding not making the payment in time.
It is very clear that the possession has not been delivered within 36 months from the booking of the flat. OP has not placed anything on record to show that the flats were ready for delivery.
Clause 3, 4 and 5 of registration application are very important and are reproduced as under:-
- In case the company unable to give position to me within 35 months of my registration then I shall be entitled to get the amount refunded with a simple interest of 9% per annum. In case I ask for refund before 12 months with any circumstances company will give 85% of my payment within 60 days after my application accepted.
- In case the company is not in a position of allotting a unit within a period of 36 months from the date of registration, we shall have the right to ask for the withdrawal of the money by giving 30 days notice.
- The company reserves right at any time to reject my/our application and cancel my/our Provisional Registration without assigning any reason thereof and in such event I shall only be entitled to refund of the advance paid by me alongwith the simple interest @ 9% p.a. from the date of payment.
It is evident from these clauses that complainant is within her right to apply for refund of the amount for the reasons stated above but the same was not refunded. It is clear cut case of deficiency in service on the part of OP.
OP is directed to refund the amount of Rs.1,11,000/- alongwith interest @ 10% p.a. from the date of filing of complaint and also to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
