DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 386/2016
D.No.__________________________ Dated: _______________
IN THE MATTER OF:
Smt. SUDERSHAN KUMARI W/o SH. HARISH KUMAR,
R/o H. No. 175, SFS FLATS,
PUNJABI BAGH APPARTMENTS, ROHTAK ROAD,
NEW DELHI-110063. … COMPLAINANT
Versus
DWARKADHIS PROJECTS (P) LTD.,
REGD OFFICE AT: 707, GOPAL HEIGHTS,
D-9, NETAJI SUBHASH PLACE,
PITAM PURA, DELHI-110034.… OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 23.03.2016 Date of decision: 21.05.2018
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPunder section 12 of the Consumer Protection Act, 1986 thereby alleging that OP claimed itself to be a reputed builder and had published various advertisements & brochures with respect to their
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project “Aravali Height” in Sector-24, Dharuhera, Distt.-Rewari, Haryana in 2007 and the officials of OP claimed and assured the complainant that they were the lawful owners in actual physical &peaceful possession of the land in Sector-24, Rewari and they had already obtained the license no. 26 & 27 of 2007 from the Director, Town & Country Planning, Haryana for construction & development of a residential & group housing colony of the said land. Believing the assurances of the officials of OP, the complainant agreed to purchase a residential apartment and accordingly an agreement to sell dated 23.06.2007 was executed between the OP and the complainant at the regd. office of the OP at Pitam Pura, Delhi and OP agreed to allot the residential apartment bearing no. 74, Block no. A-1 on 7th floor having an approx. super built-up area of 1800 Sq. Ft. in the said project and the complainant paid a sum of Rs.4,00,000/- to the OP towards the booking amount vide a cheque and the schedule of payment was construction linked installment plan. At that time the officials of OP had guaranteed that the construction shall be complete within 3 years and possession will be handed over to the complainant. The complainant further alleged that the agreement was drafted by the OP itself and as such the terms & conditions of the agreement were in favour of OP and the OP took advantage and the complainant was made to sign on the
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dotted lines in the standard format agreement. Thereafter the OP issued demand notices from time to time which the complainant had complied and the complainant made the payment as per the plan. But the OP caused and undue delay in the project and thepace of the construction was slow. The complainant time and again requested the OP to expedite the construction but to no avail. The complainant received a letter dated 01.03.2013 from the OP i.e. after about 6 years of execution of agreement in which the OP claimed to have obtained the occupation certificate issued by the Director General, Town & Country Planning and asked the complainant to clear her dues within 21 days from the date of the said letter to avoid penal interest and the complainant was also asked to complete certain formalities. However, when the complainant visited the site, the complainant found that the major part of the works were yet to be completed in the apartment in block A-1. The lifts were not installed and there was no electricity fittings made in the apartment. Similarly in the bathroom there were no sanitary fittings and no water connection. The stair case was also not ready for use and as such the apartment was not habitable. The covered parking was still under construction and likely to take a long time before being completed. The complainant sent a letter dated 17.07.2013 in response to letter dated
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01.03.2013 of the OP and OP was requested to provide a copy of occupancy certificate and also the details about time of completion of each stage and the corresponding demand raised by the OP. The complainant again wrote a letter dated 07.08.2013 and was shocked to receive a letter dated 12.08.2013 from OP where in it was stated by OP that an amount of Rs.4,05,615/- was pending at the end of the complainant on account of interest on penal interest due to delay allegedly made by the complainant on timely payment of the installments. The complainant further alleged that there was no delay on the part of the complainant to make the payment of the installments and it was OP which had caused the delay in construction of the project. Thereafter, the complainant made numerous visits to the OP, phone calls were made and e-mails were sent to OP but there was no response. The complainant again wrote letters dated 10.09.2013, 17.10.2013, 17.02.2014, 08.04.2014 & 21.05.2014 requesting OP to give information and documents pertaining to construction schedule and demands raised by the OP from time to time.
2. The complainant further alleged that the OP in an illegal manner issued letter dated 10.03.2014 and imposed “holding charges” w.e.f. 01.07.2013 on the ground that the complainant had failed to pay interest and penal interest and also threatened to cancel the allotment in case of default of payment of interest and OP raised
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the demand of Rs.6,25,000/- towards interest, penal interest and holding charges. The complainant yielded to the illegal demand of the OP and made payment of Rs.6,25,000/- on 25.09.2014 vide a cheque under protest. Upon receipt of the payment, the OP asked the complainant to complete certain formalities and conveyance deed was executed in favour of the complainant on 19.12.2014 and possession was delivered to the complainant. The complainant further alleged that the service tax was made applicable by the Govt. for payments made after 01.07.2010 and had the project being completed within the scheduled period of 3 years, no liability could have arisen for payment of service tax and on account of delay in construction of the project, the complainant was forced to make to payment of Rs.35,288/- towards service tax. The complainant further alleged that she booked the flat with the OP under a reasonable belief that she will get the possession within stipulated period of 3 years and she had been paying rent @ 15,000/- p.m. to her land lord during this period and the project was completed by the OP after about 7 years of execution of agreement and till the time of taking over the possession of the flat, the complainant had suffered a loss of Rs.7,20,000/- being the amount of rent paid from 2010 to 2014. The complainant further alleged that the OP had illegally charged interest on penal interest which was paid by the complainant under threat of cancelation of
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allotment of flat which amounts to unfair trade practice and deficiency in service.
3. On these allegations the complainant filed the complaint praying for direction to OP to refund the amount of Rs.6,25,000/- which was paid by the complainant towards interest, penal interest, service tax, holding charges etc. as well as compensation of Rs.1,00,000/- for causing mentalagonyand the complainant has also sought an amount of Rs.9,00,000/- towards the losses caused due to delay in handing over possession and has also sought an amount of Rs.25,000/- towards legal expenses. Besides this the complainant has also claimed interest @ 18 % p.a. on the above said amount from 25.09.2014. Accordingly the complainant has prayed that OP be directed to pay an amount of Rs.16,50,000/- alongwith interest @ 18 % p.a. till realization.
4. Notice to OP was issued through speed post for appearance on 24.05.2016 & as per track report the notice could not be delivered to OP due to report “delivery attempted unclaimed”. Subsequently, notice to OP was served by way of publication in the newspaper “Veer Arjun” dated 14.09.2017. But none for the OP appeared on 20.09.2017&30.01.2018 and as such OP has been proceeded ex-parte vide order dated 30.01.2018.
5. In order to provethe case, the complainant filed heraffidavit in evidence and also filed written synopsis. The complainant also
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placed on record documents i.e. copy of agreement to sell dated 23.06.2007 executed between the OP and the complainant, copies of receipts dated 22.11.2007 of Rs.14,000/-, dated 28.01.2008 of Rs.1,66,500/-, dated 10.07.2008 of Rs.1,55,250/-, dated 26.11.2008 of Rs.1,21,500/-, dated 13.03.2009 of Rs.1,03,500/-, dated 04.09.2009 of Rs.1,03,500/-, dated 30.10.2009 of Rs.1,66,500/-, dated 31.03.2010 of Rs.1,21,500/-, dated 04.12.2010 of Rs.2,00,000/-, dated 10.12.2011 of Rs.1,00,000/-, dated 16.02.2012 of Rs.2,00,000/-, dated 03.04.2013 of Rs.5,69,662/- & dated 05.10.2014 of Rs.6,25,000/-. The complainant also placed on record copies of letters dated 01.03.2013 & 12.08.2013 of OP, copies of letters dated 17.07.2013, 07.08.2013 of the complainant. The complainant also placed on record copies of letters dated 10.09.2013, 17.10.2013, 17.02.2014, 08.04.2014 & 21.05.2014.
6. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving various communications from the complainant and even receiving notice from this forum of this case, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all and the
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complainant has proved her case from the documents as already discussed and there has been unnecessary and unreasonable delay on the part of OP in completing the construction of the project in scheduled period of 3 years. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service.
7.Accordingly, the OP is directed as under:
i) To refund to the complainant an amount of Rs.6,25,000/- being the amount charged illegally by the OP towards penal interest, interest on penal interest, holding charges alongwith interest @ 12% p.a. from the date of deposit i.e. 09.10.2014till the date of this order.
ii) To pay to the complainant an amount of Rs.2,00,000/- towards losses and compensation towards mental agony and harassment caused to the complainant and also includes cost of litigation.
8. The above amounts shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 21stday of May, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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