DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.142/2020
Ms. S. Thapa
D/o Sh. Puran Singh Thapa
R/o A-601, DMRC Quarters
Sai Baba Mandir
Najafgarh, South-West Delhi
Delhi-110043
….Complainant
Versus
- Avni Buildtech Pvt Ltd.
122, Ansal Chamber-1
1st Floor, Building Number 3
Bhikaji Cama Place
New Delhi-110066
Also at:
A-283 (1st Floor)
Defence Colony, New Delhi-110024
Also at:
D-16, South Extension Part-II
New Delhi
….Opposite Party
Date of Institution: 21.09.2020
Date of Order :11.11.2024
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Present: Adv. Varun Hans along with complainant.
None for OP
ORDER
Member: Ms. Kiran Kaushal
1. Facts of the case as pleaded by the complainant are that the complainant was lured by Avni Buildtech Pvt Ltd (OP-1) and the Managing Director (OP-2) into purchasing a plot on 22.02.2013.
2. It is stated that complainant paid Rs.4,47,400/- along with Rs.41,800/- in cash towards Development and Service Tax to OPs for purchasing a plot measuring 200 sq yards vide plot no.165 at Village Mokhampura on Jaipur Ajmer Expressway, NH8, Jaipur.
3. It is next stated that as per the allotment letter, possession and registry of the plot was promised within 24 months of the allotment with grace period of 90 days. It has been more than 7 years that the complainant has neither received the physical possession of the plot nor registration of the said plot has been done in favour of the complainant.
4. As OP failed to provide any satisfactory response with regard to the plot in question, Complainant filed a criminal complaint to DCP South District on 12.03.2018 that she has been duped by the builder. It is stated that when the complainant visited the site, it was a mere farm and jungle, there was no development at the site. Latest photographs of the site are annexed as Annexure D.
5. Alleging deficiency of service, complainant has prayed for direction to OP to handover the possession of plot with immediate effect or refund the principle amount with interest @15% p.a w.e.f the booking of the plot till realization; to pass an award for Rs.19,76,240/- along with compensation and litigation charges.
6. Despite due service none appeared on behalf of OP therefore OP was proceeded exparte vide order dated 16.08.2022. Exparte evidence and written arguments have been filed on behalf of complainant. Submissions made on behalf of the complainant are heard. Material placed on record is perused.
7. Averments made in the complaint have remained uncontroverted and unrebutted therefore there is no reason to disbelieve the version of the complainant.
8. It is Complainant’s case that complainant in the year 2012-13 applied for residential plot of size 200 sq yards in Avni Enclave in Jaipur. Total cost of the plot was around Rs.4,47,400/-. Complainant paid the booking amount of plot through cheques which was around Rs.1,12,500/-. Rest of the balance amount of the plot was paid in installments of Rs.13,130/- per month through cheques of Canara Bank. As stated by the Complainant Rs.90,800/- towards development fees and Rs.22,000/- for service tax was paid to one Mr. Vikas in cash who did not give any receipt towards the same.
9. Photographs of the said plot annexed as Annexure D shows no development at the site. Photographs of the site show that the site is being used for agricultural purposes. OP in the provisional allotment letter dated 01.02.2013 refers to ‘Obligations of the Company’ as under-
17. The company shall make best efforts to deliver physical possession of the plots to the allotee/s within the period of 24 months. If the delivery of the plots is delayed by any militant action or by reason of war, or enemy action, or earthquake or any act of God or if non-delivery of possession is as a result of any law or as a result of any restrictions imposed by a Governmental Authority or delay in the sanction of building/zoning plans/grant of completion /occupation certificate by any Government Authority or for any other reason or action beyond the control of the Company (all such events hereinafter referred to as “Force Majeure Events” and each individual event referred to as a “Force Majeure Events”). The company shall be entitled to a reasonable extension of time for delivery of possession of the Plots and the timelines for delivery shall stand extended automatically.
18. If however, the Company fails to deliver possession of the Plots within the stipulated period as mentioned above, and within the further grace period of 90 (ninety) days thereafter, the allotee/s shall be entitled to compensation for delay there after @15 percent per annum.
10. OP is found to be grossly deficient in service for neither providing the plot nor informing the complainant regarding the factual position of the plot after having received substantial amount from the complainant by 2014.
11. In light of the judgments passed by Hon’ble Supreme Court in Kolkata West International City Pvt Ltd Vs Devasis Rudra: II (2019) CPJ 29 (SC) wherein it is laid down that flat purchaser cannot be made to wait indefinitely for the delivery of possession and Narender Sachdeva Vs Ansal Housing 2022 by Hon’ble National Commission, we are of the considered view that OP has failed to fulfil the promises and assurances made to the complainant. Hence, OP is directed to refund Rs.4,47,400/- with interest @ 9% p.a from the date of making the payments within three months from the date of order, failing which OP shall pay the above stated amount @12% p.a till realization.
Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.
