Delhi

North

CC/155/2023

BHARTI RAWAT - Complainant(s)

Versus

DIAMOND MULTI STATE CO OPERATIVE GROUP HOUSING SOCIETY LTD - Opp.Party(s)

10 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No:155/2023

IN THE MATTER OF:

 

Ms. Bharti Rawat

W/o Sh. Makan Singh Rawat,                 

Flat No.1216,

Delhi Government Flats,

Gulabi Bagh, Delhi-110007                  ….                        Complainant No.1

 

Sh. Makan Singh Rawat

S/o Late Mahender Singh Rawat

Flat No.1216,

Delhi Government Flats,

Gulabi Bagh, Delhi-110007.                          …                 Complainant No.2

Vs

 

Diamond Multi State Co-Operative

Group Housing Society Ltd.

(Through its Secretary)

Registered office

C-53, Chandar Nagar,

GF, Opposite Green Field Public School,

Ghaziabad, UP-201010.

 

Also at:

Corporate Office

303, 3^rd Floor, Sector-5,

Dwarka, New Delhi-110075.                         …                 Opposite Party No.1

 

M/s Antriksh Group

Plot No.452, Sector-19,

Pocket-1, Dwarka,

New Delhi-110075.                                                …                 Opposite Party No.2

 

ORDER

10/07/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. The OP-1 is a Group Housing society, who advertised in print media regarding residential project launched by the name of "DELHI HOUSING SCHEME-II" at L Zone, Dwarka, New Delhi which is enclosed with the complaint.
2. The Complainant no. 1 applied for the allotment of a residential flat measuring 820 Sq ft. in aforesaid project of OP-1 (i.e., society), consequent to which OP1 vide Membership number DMDHS/1107 allotted a residential unit to the Complainant no. 1 in its project at a total consideration amount of Rs.31,16,000/- (Rupees Thirty-One Lakh Sixteen Thousand Only). At the time of said booking, Complainant no. 1 paid an amount of Rs.1,00,000/- to OP-1 against which OP-1 issued a Receipt No- DMDHS/1107/02 dated 29.12.2017 amounting of Rs.1,00,000/- as part consideration towards the booking of residential flat. In addition of that Complainant No.1 had also paid the membership fees of Rs.5100/- to OP-1 for which OP-1 issued a receipt vide receipt no.- DMDHS/1107/01, dated 29.12.2017. The Complainant no. 2 is a co-applicant in the above-mentioned project. Copy of welcome letter, copy of receipt for amount of Rs.1,00,000 and Rs.5100/- are also enclosed with the complaint.
3. On dated 23.01.2018 and 07.06.2018, the Complainants paid payment in instalments of Rs.3,87,080/-, Rs.3,01,840/- and Rs.2,00,000/- to the OPs against which OPs issued receipts to the complainants which are enclosed with the complaint.
4. As per agreement, OP-2 builder/developer was responsible for the construction of residential flats at the residential project launched by OP-1.
5. Both the OPs committed to the Complainants that they will hand over the possession of the residential flat booked by the Complainants till the month of June 2022.
6. After 16.10.2018, Complainants visited the site of the launched project and found no construction was initiated by the respondents till year 2021 when the respondents did not pay any heed to the request of the Complainants regarding the progress of the construction. Consequent to which, Complainant no.1 sent a letter to the official of OP-2 regarding refund of deposited amount along with interest. Copy of the letters are enclosed with the complaint.
7. Complainant sent various emails to OP-1 regarding the refund of the deposited amount along with the interest on which OP-1 communicated in black and white to the Complainant that their mapping and verification process will be completed between March-June 2022. Copies of the said email communications are enclosed with the complaint.
8. Complainant again sent an email dated 03.03.2023 to OP-1 to refund her deposited amount, on which OP-1 replied via email that they have started the process of refund to the Complainant and will refund the deposited amount to the Complainant. Copy of the said email is enclosed with the complaint.

 

2.       It has further been alleged that in the Month of March 2023, OP-1 said to the Complainant to initiate the process regarding the porting of booked flat through their agent by paying an amount of Rs.1,16,400/- and after porting of his booked flat, the above said porting fees will be refunded to the Complainant. With no option left, Complainant paid an amount of Rs.1,16,400 to the agent namely, Ms. Jasbeer Mattu, referred by OP-1, vide cheque number 912284 dated 27.03.2023. Copy of said cheque is enclosed with the complaint. When no such porting process was initiated, Complainant asked Ms. Jasbeer Mattu to return the fees paid to her for the porting. Consequent to which Ms. Jasbeer Mattu handed over a cheque in the name of the Complainant No.1 amounting of Rs.1,16,400 which was dishonoured due to insufficient fund. Copy of the said cheque along with Return memo is enclosed with the complaint. Thereafter, on 18.05.2023 and 25.05.2023, Complainant sent email to OP-1 regarding refund of the principal amount of Rs.9,94,020/- along with the porting fees amounting of Rs.1,16,400/- but OP-1 did not pay any heed to his request. Copies of the said email is enclosed with the complaint. Finally on 07.06.2023, Complainant sent a reminder email to OP-1 to refund her deposited amount along with the interest on which OP-1 replied that request for the cancellation of booking on behalf of the Complainant has already been received and after discussion with the management, OP-1 will respond to the Complainant but till date, OP-1 did not send any refund. Therefore, Complainants has no other option except to approach this forum for seeking the justice. The OP-2/Society, collected an amount of Rs.9,94,020/- from the Complainants but did not erect a single floor in their promised residential project. On the contrary, OPs used the hard earned money of the Complainant to other projects or their business purpose. It has, therefore, been prayed to:-

 

1. Pass necessary direction to the OP to refund an amount of Rs.9,94,020/- (Rupees Nine Lakh Ninety Four Thousand Twenty Only) alonwith 18% interest per annum to the Complainant.
2. Pass necessary direction to the OP company to pay a compensation amount of Rs.2,00,000/- (Rupees Two Lakhs Only) towards the mental agony, harassment and damages caused by the OPs to the Complainants.
3. Pass necessary direction to the OPs to pay appropriate legal expenses spent upon the case by the Complainants to him.

 

3.       Accordingly, notices were issued to the OPs to defend the complaint before the commission but the notice could be served to OP-2 only. The notices issued to the OP-1 were received undelivered. Therefore, the notice to OP-1 was served by the publication. The Complainants have filed proof of service by way of publication qua OP-1 (newspaper dated 07.09.2023). As such, the service of notice has been considered complete. However, none appeared on behalf of OP-1 & OP-2 and they were proceeded ex-parte.

 

4.       The Complainants have filed Evidence by way of Affidavits, reiterating the allegation levelled in complaint. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations levelled in the complaint. However, the material available on the record is sufficient to corroborate that the complainants have suffered directly due to deficient service on the part of the OPs  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

5.         It is settled principle of law that the Complainant cannot be expected to wait indefinitely for the possession as observed by Hon’ble Supreme Court in “Fortune Infrastructure and Anr. Vs. Trevor D’lima and Ors. [II (2018) CPJ I (SC)] that a person cannot be made to wait indefinitely for possession of flats allotted to him. They are entitled to seek refund of amount paid by them alongwith compensation. Therefore, we feel appropriate to direct the OP-1 to:-

1. refund Rs.9,94,020/- (Rupees Nine Lakh Ninety Four Thousand Twenty Only) within thirty (30) days from the date of receipt of this order, with interest @ 9% per annum from the date of receipt of each payment made by the complainants to the OP-1, till the date of the payment to the complainants;
2. pay Rs.2,00,000/- (Rupees Two Lakhs Only) as compensation for mental pain agony and harassment caused by the OP-1 to the Complainants;
3. pay Rs.25,000/- (Rupees Twenty Five Thousand only) to the complainants as litigation charges.

 

6.       It is clarified that the aforesaid amount shall be paid by the OPs, jointly and severally, within 30 days as directed above at para 5 (i), (ii) & (iii). In case, the abovesaid amount is not paid by the OP-1 to the Complainant within the period as directed above, the OP-1 shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

7.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

     Member                                                                                          Member                  

 DCDRC-1 (North)                                                                 DCDRC-1 (North)

 

      DIVYA JYOTI JAIPURIAR

                               President 

                                                              DCDRC-1 (North)