Delhi

East Delhi

CC/392/2015

SONIA JAIN - Complainant(s)

Versus

BHARAT CITY INFRA - Opp.Party(s)

03 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES RERESDSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC NO.392/15

 

SONIA JAIN

W/O RITESH JAIN

R/O H. No.56, GALI-KHANJANCHI,

CHANDNI CHOWK,

DELHI-110006

 

                                                                                               Complainant

                                                      Vs

 

 

BHARAT CITY INFRASTRUCTURE PVT LTD.

THROUGH ITS DIRECTOR

206, LAXMI DEEP BUILDING,

PLOT NO. 9 DISTRICT CENTRE,

LAXMI NAGAR, DELHI-110092

 

    

                                                 DATE OF ADMISSION-05.06.2015

DATE OF ORDER        -10.02.2016

 

O R D E R

 

SH.N.A ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the Complainant lured by the representation of the OP, booked a flat in the project of the OP after depositing Rs.50,000/- vide cheque No.565361 on 03/12/2011 for a unit bearing No.D-4-706 measuring 1520 sq ft for a total consideration of Rs.35,50,250/-. On 04/01/2012 the OP further demanded a sum of Rs.2,97,689/- which she paid on 20/01/2012. On 17/12/2012 Rs.13,95,992/- were demanded by the OP which was not paid by the Complainant as being in doubt regarding the construction and development of the project. The Complainant was not allowed to visit the project site. From the allotment letter it was found that in place of 1520 sq ft the OP is proposing to handover the Complainant only an area of 851.11 sq ft, and all the terms and conditions were also changed. Despite request by the Complainant the OP did not changed the terms and conditions and the booking was cancelled on 21/05/2013, the OP further returned the cheque of Rs.2,34,812/- arbitrarily after deducting Rs.1,12,876/- out of the total amount paid by the Complainant. The cheque did not encashed. The Complainant prayed for the refund of Rs.3,47,688/- with 18% interest and Rs.1 lakh as compensation.

          Notice to the Complainant issued to the OP for filling written version but despite opportunity no written version filed by the OP and OP proceeded ex-party as the OP stop appearing.

          An application u/s 24-A of the Consumer Protection Act was also moved wherein this has been pleaded that they received the cancellation letter on 21/05/2013 and in November 2013 they consulted his Counsel who advised him to file the Consumer complaint. The documents were provided to the Bachawat & Associates but the complaint was not prepared by the Advocate in time and after searching the file the complaint was drafted and therefore is a delay of seven days in filing the complaint. An affidavit of Ld. Advocate in support of the Application is also filed. We considered the application u/s 24-A and the Affidavit of the Ld. Advocate, the delay is of only seven days, further in the case in hand, we are of the opinion that cause of action in respect of flat in question continued to be subsisting as there was a condition of delivery of possession within two years which was never fulfilled by the OP and the letter of cancellation dated 21/05/2013 showing the pretext of default in payment without justifying the delay, further the cause of action continuing. Taking all the facts in consideration we allow application of the Complainant, the delay is accordingly condoned.

          As per the allegation in the complaint the main cause of action has arisen in the complaint from the letter of allotment in which the area of 1520 sq ft was allotted for which she has initially booked a flat in question and the OP arbitrarily reduced the same to 851.11 sq ft. This allegation of the Complainant have not been controverted by the OP, when the OP discharging for 1520 sq ft how they can reduced the area to 851.11 sq ft. This is a clear case of unfair trade practice. In these circumstances the cancellation made and the deduction of the amount from the amount deposited by the Complainant is wholly illegal.

           We allow this complaint. We direct the OP to return to the Complainant the total amount of Rs. 3,47,688/- with 9% interest thereon from the date of filing this complaint till it is paid. We further award a compensation of Rs.35,000/- on account of harassment, mental pain and agony. This also includes the cost of litigation. This amount is not paid within 45 days from the date of order, Complainant shall be entitled for 9% interest till it is paid.

          Let copy of the order be served on both the parties as per rule.

 

 

(DR.P.N.TIWARI)                                                                                                     (N.A.ZAIDI)

         MEMBER                                                                                                       PRESIDENT