Case No.CC/177/2020

Date of Institution:-05.10.2020

Order Reserved on :- 06.05.2024

           Date of Order :-18.11.2024

IN THE MATTER OF:

Sh.AbhishekNarain

S/o Sh. DilipNarain,

R/o S-3/22, Greater Green Park,

Bilaspur Road, Bareilly,

Uttar Pradesh – 243001.

          …..Complainant

VERSUS

Buland Housing Pvt. Ltd.

Regd. Office :

K-157, SaritaVihar,

New Delhi – 110076.

Corporate Office :

1^st Floor, Block-17,

Friends Wasan Plaza,

Behind Marina Hotel, Sanjay Place,

Agra – 252002.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant has booked a flat in projectof OP namely ‘Buland City’ at Fatehbad Road, Agra, Uttar Pradesh.  The complainant has paid Rs.1,00,000/- (Rupees One Lakh) via NEFT on 13.11.2014 and received a flat allotment letter no. C-806P dated 29.10.2014.  The flat was having area 1900 sq. ft. and terrace of carpet area 810 sq. ft. for a total price of flat Rs.46,00,000/- (Rupees Forty Six Lakh). On 08.01.2015, the complainant has entered into an agreement with the OP. The OP has issued a receipt for Rs.1,00,000/- on 01.11.2014.The OP has assured the complainant to deliver the possession of flat within two years after date of agreement i.e. 08.01.2017.  The OP has sent demand letter dated 20.06.2015 to the complainant and requested to release of Rs.19,34,000/- against the flat no. C-806P in Buland City for completion of the 8^th floor slab of the construction stage.  The complainant has paid Rs.19,34,000/- (Rupees Nineteen Lakh Thirty Four Thousand) by way of cheque no. 640071 dated 27.06.2015 and thereafter the complainant has also paid Rs.5,00,000/- (Rupees Five Lakh) by way of cheque no. 945303 dated 11.07.2015.  These payments were made by the complainant by availing home loan from ICICI bank wherein repayment was to be made by way of equated monthly installments (EMIs) of Rs.37,501/- spread over a period of 8 years (96 months).  The complainant has also paid Rs.81,822/- (Rupees Eighty One Thousand One Hundred Twenty Two) in June-July, 2015 for further installments. The complainant has paid total consideration of Rs.26,15,822/- (Rupees Twenty Six Lakh Fifteen Thousand Eight Hundred Twenty Two) to the OP for the said flat.  The complainant has not received any further demand from OP.  The OP has not delivered the possession of flat to the complainant within two years. Hence, there is a gross deficiency in service on the part of OP.The OP has neither handed over the possession of flat within two years nor refunded the deposited amount to the complainant. Hence, this complaint.
2. The complainant has prayed for refund of Rs.Rs.26,15,822/- (Rupees Twenty Six Lakh Fifteen Thousand Eight Hundred Twenty Two)alogwith interest @ 18% p.a., Rs.5,00,000/- for mental agony and Rs.1,50,000/-  for litigation charges.
3. OP did not appear despite due service and attend the proceedings before this Commission and was proceeded ex-parte vide order dated 08.07.2022.
4. The complainant has filed ex-parte evidence and written arguments in support of his case.
5. On 06.05.2024, the case was listed for arguments.We have heard Ms. Riya Jain, Ld. Counsel for the complainant and perused the record.
6. We have considered the material on recordcarefully and thoroughly.
7. It is the case of the complainant that he has booked a flat in project of OP namely ‘Buland City’ at Fatehbad Road, Agra, Uttar Pradesh.  The complainant has paid Rs.1,00,000/- (Rupees One Lakh) via NEFT on 13.11.2014 and received a flat allotment letter no. C-806P dated 29.10.2014.  The flat was having area 1900 sq. ft.   and terrace of carpet area 810 sq. ft. for a total price of flat Rs.46,00,000/- (Rupees Forty Six Lakh). On 08.01.2015, the complainant has entered into an agreement with the OP. The OP has issued a receipt for Rs.1,00,000/- on 01.11.2014.  The OP has assured the complainant to deliver the possession of flat within two years after date of agreement i.e. 08.01.2017.  The OP has sent demand letter dated 20.06.2015 to the complainant and requested to release of Rs.19,34,000/- against the flat no. C-806P in Buland City for completion of the 8^th floor slab of the construction stage.  The complainant has paid Rs.19,34,000/- (Rupees Nineteen Lakh Thirty Four Thousand) by way of cheque no. 640071 dated 27.06.2015 and thereafter the complainant has also paid Rs.5,00,000/- (Rupees Five Lakh) by way of cheque no. 945303 dated 11.07.2015.  These payments were made by the complainant by availing home loan from ICICI bank wherein repayment was to be made by way of equated monthly installments (EMIs) of Rs.37,501/- spread over a period of 8 years (96 months).  The complainant has also paid Rs.81,822/- (Rupees Eighty One Thousand One Hundred Twenty Two) in June-July, 2015  for further installments.  The complainant has paid total consideration of Rs.26,15,822/- (Rupees Twenty Six Lakh Fifteen Thousand Eight Hundred Twenty Two) to the OP for the said flat.  The complainant has not received any further demand from OP.  The OP has not delivered the possession of flat to the complainant within two years.
8. It is the case of the complainant that when he did not get the possession of the flat so sought the refund of the deposited amount, but the same has not been refunded by the OP despite repeated requests.  It is his case that this conduct of the OP amounts deficiency in service and unfair trade practice. Non-delivery of the possession of the flat on receipt of the booked amount within a reasonable time amounts to deficiency in service. Reliance is placed on :

“Kolkata West International City Vs. DevasisRudra dated 25.03.2019 Civil Appeal 3182/2019” decided by Hon’ble Apex Court.

9. It is the case of the complainant that when he did not get the possession of the plots, he asked for refund the deposited amount but the same has not been refunded by the OP.   The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is relied upon.
10. From the facts of the case and evidence placed on the record, it is clear that on receipt of the booked amount of Rs.26,15,822/- from the complainant, the OP has neither handed over the possession of the flat nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
11. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.26,15,822/- (Rupees Twenty Six Lakh Fifteen Thousand Eight Hundred Twenty Two)alonwth interest @ 6% p.a. from the date of deposited amount and Rs.7,00,000/- (Rupees Seven Lakh)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 18.11.2024.