DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,GURGAON-122001.
Consumer Complaint No: 36 of 2013 Date of Institution: 28.01.2013 Date of Decision: 04.11.2015.
- Tushit Kumar Tewary s/o Shri S.K.Tewary
- Shephalika w/o Shri Tushit Kumar Tewary,
Residents of SF, Block-C1, Palam Vihar, Gurgaon.
……Complainants.
Versus
- M/s B.P.T.P. Ltd, Branch Office at 15 Udyog Vihar, Phase-IV, NH-8, Gurgaon through its authorized person.
- M/s B.P.T.P. Ltd., Registered Office at M-11, Middle Circle, Connaught Circus, New Delhi-110001 through its authorized person.
..Opposite parties
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Vinod Nangru, Adv for the complainant.
Sh. Parmanand Yadav, Adv for the opposite parties.
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that they booked a Flat No.Q-603 SPACIO with the OPs on 06.08.2010 in the residential colony in Sector-37-D, Gurgaon. The Opposite parties allotted Flat No.Q-603 SPACIO, Sector 37-D, Gurgaon with the tentative super area measuring 1225 sq.ft to the complainants. The complainants deposited Rs. 3 Lacs vide Cheque No.054933 dated 07.08.2010 drawn on Axis Bank, Gurgaon in the name of opposite parties. Thereafter, the complainants deposited Rs. 3 Lacs and 4 Lacs vide cheques No.054936 and 054940 dated 20.09.2010 and 27.11.2010 respectively. It is further alleged that despite deposit of Rs. 10 lacs the opposite parties even failed to complete the project and thus, they have cheated and defrauded the complainant just to cause wrongful loss to the complainants and to cause wrongful gain to them. The complainants requested the opposite parties to refund their deposited amount if they are not in a position to deliver the possession of the flat but no use. The complainants also got served a legal notice upon the opposite parties but of no use. Thus, they are deficient in providing services to the complainants. The complainants prayed that the opposite parties be directed refund all the payments made by them against Flat No.Q-603, SPACIO, Sector 37-D, Gurgaon with interest @ 24 % p.a. They also sought compensation from the opposite parties due to their deficient act. The complaint is supported with an affidavit of complainant No.1 and the documents placed on file.
2 OPs in their written reply have alleged that complainants are themselves guilty of nonpayment of the installment due along with the delayed payment interest within the stipulated time period towards the allotment of Unit No.Q-603, Spacio, Park Serene, Sector 37-D, Gurgaon demanded by the opposite parties as per the payment schedule duly agreed to, accepted and signed by the complainants despite receipt of demand letter, reminder letters dated 31.08.2010, 12.11.2010, 29.12.2010, 19.01.2011 and the final opportunity letter dated 20.06.2011 sent by the OPs. Lastly, the unit has been cancelled w.e.f.05.07.2011 in view of the final opportunity letter dated 20.06.2011 and the opposite parties were entitled to forfeit the amount. There is no deficiency in service on the part of the opposite parties.
3 We have heard the learned counsel for the parties and perused the record available on file carefully.
4 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency of service on their part on the ground that the complainants booked Flat No.Q-603 in Spacio Sector 37-D, Gurgaon and deposited a total sum of Rs. 10 Lacs vide cheques No.054933 dated 07.08.2010 for Rs. 3 Lacs, Cheque No.054936 dated 20.09.2010 for a sum of Rs. 3 Lacs and Cheque No.054940 dated 27.11.2010 for a sum of Rs. 4 Lacs respectively but so far the project of the opposite parties have not been completed and as such there was deficiency in service on the part of the opposite parties.
5 However, the contention of the opposite parties is that the complainants themselves are negligent in not depositing the due amount in terms of the agreement despite granting of final opportunity to clear the dues and thereafter allotment of the unit has been cancelled w.e.f. 05.07.2011 and as such the opposite parties were entitled to forfeit the amount. Learned counsel for the opposite parties has also drawn our attention towards several letters vide which the complainants were asked to deposit the balance sale consideration.
6 Therefore, after going through the facts and circumstances of the case and the evidence on file it emerges that the project in question has not so far been completed within the stipulated period and as such the same tantamounts to deficiency in service on the opposite parties. However, at the same time the complainants have also not adhered to the payment schedule in terms of the allotment/booking. Therefore, both the parties are not adhering to the terms and conditions of the allotment. However, since the project has not been completed so far, therefore, to meet the ends of justice we direct the opposite parties to refund the amounts deposited by them with the opposite parties with interest @ 9 % p.a. from the date of filing of the complaint i.e. 28.01.2013 till realization. The complainants are also entitled to litigation expenses of Rs.3100/-. The opposite parties shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
04.11.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
