Haryana

StateCommission

A/140/2016

DLF HOME DEVELOPERS LTD. - Complainant(s)

Versus

CHANDER SINGH - Opp.Party(s)

GAURAV CHAUHAN

13 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      140 of 2016

Date of Institution:      11.02.2016

Date of Decision :       13.05.2016

1.      M/s DLF Home Developers Limited, DLF Centre, Sansad Marg, New Delhi-110001 through its authorised signatory Atul Srivastava.

2.      The Managing Director, M/s DLF Home Developers Limited, DLF Centre, Sansad Marg, New Delhi-110001.

3.      The Executive Director (Marketing) M/s DLF Home Developers Limited, DLF Centre, Sansad Marg, New Delhi-110001.

                                      Appellants/Opposite Parties

Versus

Chander Singh s/o Sh. Prabhu Singh Yadav, Resident of Village Khow, P.O. Manesar, Tehsil and District Gurgaon.

                                      Respondent/Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Mr. Arjun Sharma, Advocate for appellants.

Mr. Mohd. Shameem Sheikh, Advocate for respondent.

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This appeal has been preferred by Opposite Parties against the order dated October 19^th, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘the District Forum’) in Consumer Complaint No.595 of 2009.

2.      Chander Singh-complainant/respondent booked a flat with DLF Home Developers Limited (hereinafter referred to as ‘the builder’)-Opposite Parties on 06.09.2008, vide application Exhibit R-1, by paying Rs.5.00 lacs vide cheque No.518273 dated 06.09.2009.  The basic sale price of the flat was Rs.41,36,000/-, besides Rs.2.00 lacs cost of the parking space and External Development Charges ( ‘EDC’) and Infrastructure Development Charges (IDC) etc. The name of the project was “Express Green” Sector M-1, Manesar. The builder was to start construction within one year from the date of booking. Construction not being started, the complainant sought refund of the deposited amount which the builder refused. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed.

3.      The Opposite Parties/appellants (builder) pleaded that the flat was booked in September, 2008 under two and half year time linked payment plan. It was mentioned in the booking application that certain approvals were to be taken from the concerned authorities and the construction was to start thereafter. A letter dated 02.04.2009 was written to the complainant to make the payment of 35% of the total amount by 30^th April, 2009 but the complainant failed to make the payment. It was conveyed to the complainant that in the event of delay in construction of the project/flat, the builder was to pay compensation @ Rs.10/- per square feet per month, as against Rs.5/- per square feet per month initially conveyed to the complainant. The possession was to be delivered within three years from the date of the execution of apartment buyer’s agreement. However, later on the period of completion of the project was reduced to three years from the date of booking. Since the complainant did not make the payment of further instalment, the booking was cancelled vide letter dated 15.05.2009. Yet an opportunity was given to the complainant vide letter dated 26.06.2009 to pay the outstanding amount. It was prayed that the complaint be dismissed.

4.      After evaluating the pleadings and evidence of the parties, the District Forum accepted complaint and directed the opposite parties to refund the amount deposited, that is, Rs.5.00 lacs along with interest @ 9% per annum from the date of filing of the complaint, that is, 16.07.2009 till realization and Rs.3100/- as litigation expenses.

5.      It is not disputed that the complainant had booked the flat on 06.09.2008 vide application Exhibit R-1 by paying Rs.5.00 lacs as the booking amount. The possession of the flat was to be delivered within three years and the complainant was to pay the remaining price of the flat as per linked payment plan. It is also not in dispute that the construction of the project/flat has yet not been completed, even till date. So, the plea of the builder that the booking was cancelled and the amount was forfeited, is not tenable in the eyes of law as the builder has not completed the project even till date.

6.      In this view of the matter, the order passed by the District Forum requires no interference. Hence, the appeal is dismissed.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 13.05.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

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