Haryana

Gurgaon

CC/621/2015

Suman Sanwalka - Complainant(s)

Versus

Emerld Earth Pvt. Ltd. - Opp.Party(s)

27 Jun 2016

ORDER

                               DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,GURGAON-122001

                                                                                                         Consumer Complaint No: 621 of 2015                                                                                                                    Date of Institution: 20.11.2015                                                                                                                                                          Date of Decision:  27.06.2016

Suman Sanwalka aged 53 years w/o Sh. Ajay Bhushan Sanwalka
Ajay Bhushan Sanwalka aged 54 years

 

R/o 903, Sector 40, Gurgaon-122001.

                                                                                                                                                                                                                         ……Complainants.

                                                Versus

Emerald Earth Pvt. Ltd (Victorious Group) having its office at Plot No.60, Sector-18, HUDA, Gurgaon through its authorized person/signatory.

                                                                                             ..Opposite party

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri  Ashok Malik, Adv for the complainants.

                    OP exparte.

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainants, in brief, is that the complainants applied for allotment of residential plot measuring 135 sq.yds in the upcoming project of the OP  “Emerald Homes” Bhiwadi, Rajasthan and paid an initial amount of Rs. 2 Lacs at the time of booking of said project vide Cheque no.735977 dated 23.11.2012 and the OP had issued receipt No.104 dated 23.11.2012 in this regard. The complainants had also entered into an agreement with the OP on 23.11.2012 regarding the above said residential plot and as per clause (xi) of the agreement  the offer of the allotment in the company’s proposed scheme shall be as far as possible be made to the allottee within 12 months of registration failing which the company shall be entitled to simple interest @ 11 % per annum  from the date of payment of such advance. But surprisingly despite receiving timely payments the OP had not adhered to the promises made and have not kept on their words. The OP had not issued any allotment letter in favour of the complainants so far. On the demand of the OP, the complainants again deposited a sum of Rs.2,21,875/- vide Receipt No.379 dated 04.02.2013 but the OP had also not allotted any plot to them. Thus, finding no progress and development in the project of the OP, the complainants had requested the OP  to refund their amount of booking but of no use. Thus, there was deficiency in service on the part of the opposite party.  The complainant prayed that the opposite party be directed to refund Rs.4,21,875/- with interest and also to pay compensation of Rs. 1 lac for harassment and mental agony and litigation expenses to the tune of Rs.55,000/-.

2                 Notice of the complaint was given to the opposite party.  However, opposite party failed to turn up despite service and thus, was proceeded vide order dated 08.01.2016.

3                 The complainants in their exparte evidence have filed affidavit of complainant No.1, copy of Cheque No.735977 dated 23.11.2012 for Rs. 2 Lac (Ex.C-1),  receipt No.104 dated 23.11.2012 (Ex.C-2), Bank statement (Ex.C-3),  application for making investment for future project of the OP company (Ex.C-4),  copy of Cheque No.001652 dated 04.02.2013 for Rs.2,21875/- (Ex.C-5). Receipt No.379 dated 04.02.2013 for Rs.2,21,875/, Bank Statement (Ex.C-7), application for refund of the amount made through email dated 31.07.2015 (Ex.C-8) and application for refund dated 20.10.2015 sent through registered post (Ex.C-9) and track record of postal authorities (Ex.C-9).

4                 We have heard the learned counsel for the complainants and have perused the record available on file.

5                 Therefore, after going through the facts and circumstances of the case and the exparte evidence produced on file by the complainants it emerges that the complainants had applied for allotment of plot measuring 135 sq.ft in the upcoming project of the OP namely “Emerald Homes” Bhiwadi (Rajasthan) vide application  (Ex.C-4) and paid Rs.2 Lacs vide receipt (Ex.C-2). The complainants have also paid Rs.2,21,875/- vide receipt (Ex.C-6) and thus, the complainants had paid a total sum of Rs.4,21,875/- with the OP regarding the above said plot but the opposite party has not allotted any plot to the complainants despite receipt of above said amount. However, as per clause (xi) of the agreement the OP had to make the offer of allotment within 12 months from the date of registration failing which they shall be liable to pay simple interest @ 11 % p.a.  from the date of payment of such advance. Thus, the opposite party had failed to comply with the terms and conditions of the agreement. Finding no future in the project of the OP the complainants had sought refund of the amount but of no use. Thus, the above said act on the part of the opposite party tantamounts to deficiency in its part. The evidence produced by the complainants goes unrebutted as the opposite party failed to appear before this Forum and thus, there is no reason to disbelieve the version of the complainants.

6                 Therefore, we allow the present complaint and direct the opposite party to refund Rs.4,21,875/- with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 20.11.2015 till realization. The complainants are also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.10,000/-.The OP shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                 (Subhash Goyal)

27.06.2016                                                                                                       President,

                                                                                                             District Consumer Disputes

                                                                                                             Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member