Delhi

East Delhi

CC/678/2013

RAM KISHORE VERMA - Complainant(s)

Versus

EARTH INFRA. - Opp.Party(s)

08 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  678/13

 

1. Shri Ram Kishore Verma

S/o Shri Rajeshwar Verma

Smt. Manju Kumar

W/o Shri Ram Kishore Verma

Both at:

R/o H. No. 3/27H, Saket Block

Mandawali, Delhi – 110 092                                       …….Complainants

 

Vs.

 

1. M/s. Earth Infrastructures Ltd.

26, 1^st Pusa Road

New Delhi – 110 005

Through its Directors/Managing Directors

 

2. M/s. Earth Infrastructures Ltd.

A-1, C & D, Sector-16

Near Metro Statiion, Noida, UP

Through its Directors/Managing Directors                        ….Opponents

 

Date of Institution: 20.08.2013

Judgment Reserved on: 08.05.2017

Judgment Passed on: 11.05.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Ram Kishore Verma (C-1) and Smt. Manju Kumari (C-2) against M/s. Earth Infrastructures Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that Shri Ram Kishore Verma and           Smt. Manju Kumari (complainants) booked a flat i.e. unit no. 701, measuring an area of 895 Sq. Feet in Tower no. A-5 on 7^th Floor, in project “Earth Towne” dated 16.07.2010 at Plot No. GH-04, Sector-1, Greater Noida with a basic price of Rs. 2100/- per sq. feet with 10% discount i.e. the effective basic price of Rs. 1,890/- with respondents.  They paid 10% of the basic price i.e. Rs. 1,70,050/- by way of cheque no. 702829 dated 23.07.2010 drawn in favour of Earth Infrastructures Ltd.  Respondents confirmed their booking through their letter of dated 21.10.2010.  They further made a payment of Rs. 1,68,260/- vide cheque no. 702832 dated 01.12.2010 drawn on Punjab National Bank.  The respondents changed their previously booked flat to flat No. 1003, Tower –W without taking their prior consent.  Thereafter, on 18.04.2011, an allotment letter was executed between the respondents and the complainants for the said changed flat giving the following details:-

Basic cost of the unit/apartment                    Rs. 20,69,550/-

other charges as per Annexure ‘B’                          Rs.   1,87,825/-

Total cost                                                              Rs. 22,57,375/-

Total amount paid till date (As per Annex. ‘C’)         Rs.   3,38,310/-

Balance Amount                                                    RS. 19,19,065/-

            It has been further stated that they informed the respondents vide its letter of dated 09.04.2011 that they have paid 20% of the basic price and 80% amount have been approved by LIC Housing, validity of the loan expired, but Buyer Agreement was not made available.

            They further told that loan time period can be revalidated if the necessary documents have been made available to them.  The complainants paid an amount of Rs. 1,68,260/- on 02.05.2011 vide cheque no. 702636 and Rs. 1,70,643/- vide cheque no. 458120 respectively.

            Respondents through their letter of dated 10.03.2012 made a demand of Rs. 10,72,341/- within 10 days.  They have also stated that on 22.10.2012, they visited the office of respondents and handed over a letter detailing the facts for non-providing of flat.  Even they got the loan sanctioned from LIC for two times and each time they had to pay the processing fee due to non-providing of related documents the loan could not be disbursed.  The letter of dated 06.12.2012 of respondents written to the complainant stated that their flat stands cancelled as they had not turned to respondent’s office and have not paid the balance.  This was highly illegal, wrong and unwarranted.  It has been stated that due to non-providing of related documents, complainants were forced to pass the loan for the third time and thereby paying the processing fee for three times which was the loss suffered by them.  Thus, they have stated that respondents were negligent in providing required services to the complainant.  They have suffered mental tension and great shock.  Thus, they have prayed for refund of Rs. 6,77,213/- with interest @ 12% p.a.; Rs. 5,00,000/- compensation on account of mental and physical harassment and litigation charges of Rs. 15,000/-.  

3.        In WS, filed on behalf of OPs, they have taken various pleas such as the complainants did not adhere to the terms and conditions accepted by them and have failed to make the payment inspite of various letters/reminders.  They did not turn inspite of notice which compelled OPs to cancel their flat for non-payment.  Other pleas have also been denied.

4.        The complainants have filed rejoinder to the WS of OP, wherein they have controverted the pleas taken in the WS and reasserted their pleas.

5.        In support of their case, the complainants have examined themselves on affidavit.  They have narrated the facts, which have been stated in the complaint.  In the testimony of Shri Ram Kishore Verma, Complainant, he has also got exhibited documents such as copy of application for booking dated 16.07.2010, copy of letter dated 21.10.2010 of the respondent, copy of confirmation of payment dated 01.12.2010, copy of allotment letter dated 18.04.2011, copy of letter dated 09.04.2011 of the complainant, copy of payment of                       Rs. 1,70,643/- made on 10.06.2011, copy of letter of dated 14.06.2011, copy of letter of respondent dated 10.03.2012, copy of letter dated 17.10.2012 written by respondent, copy of letter dated 22.10.2012 of the complainant, copy of approval of LIC Housing Loan, copy of letter dated 06.12.2012 of the respondent, copy of a legal notice dated 31.12.2012 and the postal receipts - (Ex.CW1/1) to (Ex.CW1/15).      Similarly, Smt. Manju Kumari, the complainant have also narrated the same facts and have got exhibited the same documents, hence, they are not repeated herein.

            No evidence has been filed on behalf of OPs.

5.        We have heard Ld. Counsel for the complainant and have perused the material placed on record.  Counsel for OP did not appear to argue.  Since no evidence has been filed on behalf of OPs, their stand taken in the WS cannot be said to be trustworthy. 

            From the testimony of complainant, it is evident that they have booked the flat which has not been delivered to them within the stipulated time.  The fact that they have made payment of Rs. 6,77,213/-from time to time which is evident from receipts and admitted by OP in their WS and the flat have not been handed over to them within the reasonable time, there has been deficiency on the part of OPs.  Hence, they are entitled for refund of their amount paid.  Not only that, when the flat have not been handed over to them, certainly, they have suffered mental pain and agony for which they have also to be compensated.

            The complainants got a loan approved from LIC, which was got cancelled due to non-providing of documents thrice.  This also has caused mental pain and suffering to the complainants as they have to pay the processing fee from time to time for getting the loan revalidated. 

            In view of the above, it is ordered that OPs shall refund an amount of Rs. 6,77,213/- with interest @ 9% p.a. from June 2011.  We further award an amount of Rs. 50,000/- on account of mental pain and agony, which includes the cost of litigation also.  This order be complied within a period of 45 days.  If not complied, then Rs. 50,000/- shall also carry interest @ 9% p.a. from the date of order.

           Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member 

 

           

            (SUKHDEV SINGH)

                                                      President