Delhi

StateCommission

CC/887/2017

GAGAN CHAWALA & ANR - Complainant(s)

Versus

GRANITE GATE PROPERTIES PVT. LTD. - Opp.Party(s)

SANJEEV NIRWANI

24 Jul 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 24.07.2019

 

Complaint Case No.887/2017

 

1. Mr. Gagan Chawla,

S/o Mr. B.L. Chawla,

 

2. Mrs. Reetica Chawla,

W/o Mr. Gagan Chawla,

 

Both residents of:

B-136, First Floor, Malviya Nagar,

New Delhi                                                                              …Complainants

 

Versus

 

M/s. Granite Gate Properties Pvt. Ltd.,

Through its Director,

C-23, Greater Kailash Enclave Part – I,

New Delhi – 110048.                                                                     ….Opposite Party

 

 

CORAM

Ms. Salma Noor, Presiding Member

 

1.    Whether reporters of local newspaper be allowed to see the judgment?

       

2.     To be referred to the reporter or not?

 

Ms. Salma Noor, Presiding Member

 

1. A complaint under Section 17 of the Consumer Protection Act, 1986 (in short, the “Act”) is filed by the complainants Mr. Gagan Chawla and his wife Mrs. Reetica Chawla wherein it is stated that OP announced their residential project under the nae ‘ Lotus Panache’ at  Plot No.GH-05, Sector -110, Noida, Gautam Budh Nagar, UP. It is stated that OP
2. It is stated that assurances were given that the possession will be handed over within 39 months from the date of allotment of the apartment.  Believing the assurances, complainants booked a residential flat of consisting of 02 bedrooms (plus study and servant toilet) and paid Rs. 3,90,000/- to the OP at the time of booking, which was duly acknowledged by the OP vide receipt dated 13.04.2010.  It is stated that vide letter dated 15.05.2010, complainants were allotted Flat No.803 on 8^th Floor at Tower -20 having an area of 1330 sq. ft. for the total sale consideration of Rs.46,44,840/-.  It is stated that the complainants opted for Plan –B i.e. Construction Linked Payment Plan and as per the terms and conditions the possession was to be handed over to the complainant within 39 months from the date of allotment of the apartment.  It is stated that upon further demand by OP, the complainant made payment of Rs.3,89,000/-, which was duly acknowledged vide receipt dated 28.06.2010. It is stated that an agreement was executed between the parties on 10.06.2010.  It is stated that upon further demands by the OP, complainants made payment of Rs.37,27,559/- on different dates, details of which have been given in the complaint.  It is stated that complainants received an email dated 01.05.2017 from the OP asking for extension of intended date of offer of possession and rescheduled the date of possession to 31.03.2018, which comes out to be 67 months alter from the actual date of possession.  Being aggrieved by the actions of the OP, complainant filed the present complainant wherein prayer is made for refund of Rs.45,06,559/- with interest @12% per annum. They have further prayed for compensation to the tune of Rs.5,00,000/-.
3. OP was served with the notice of the complaint. Counsel for the OP had put in appearance by filing vakalatnama and sought time for filing written statement. However, OP did not file the written statement within the stipulated period and its right to file written statement was closed vide order dated 12.07.2018. The said order was not challenged by the OP.
4. Complainant No.1 Mr. Gagan Chawla filed his own affidavit wherein the contents of complaint case have been reiterated on oath. The complainants have proved on record the copy of the receipt dated 13.04.2010 Ex. C-1; copy of the allotment letter dated 15.05.2010 Ex.C-2;  copy of receipt dated 28.06.2010 Ex-C-3; copy of Flat Buyer’s Agreement dated 10.06.2010 Ex-C-4; copy of receipt dated 13.08.2010 Ex-C-5; copy of receipt dated 14.04.2011 Ex-C-6; copy of receipt dated 25.06.2011 Ex-C-7; copy of receipt dated 14.09.2010 Ex-C-8; copy of receipt dated 08.12.2011 Ex-C-9; copy of receipt dated 28.03.2012 Ex-C-10; copy of receipt dated 16.04.2012 Ex-C-11; copy of receipt dated 08.10.2012 Ex-C-12; copy of receipt dated 09.05.2013 Ex-C-13;  copy of receipt dated 15.06.2013 Ex-C-14; copy of receipt dated 29.11.2013 Ex-C-16;  copy of the email dated 01.05.2017 annexed with the complaint as Ex C-9.
5. Complainants have also deposed having made the payments  on different dates. Complainants have deposed the OP rescheduled the expected date of possession to 31.03.2018, which comes out to be 67 months later from the actual date when the possession was to be handed over.  It is stated that because much delay has been costs in handing over the possession the complainants are not interested in taking the possession of the flat in question and wants to have refund of the money.
6. Evidence of the complainant has gone un-rebutted. From the   un-rebutted evidence its stands prove that complainant has made total payment of Rs.45,06,407/-. Receipts on record Ex. C-1, Ex. C-3, Ex.C-5 to Ex. C—15 issued by the OP shows that OP has received an amount of Rs.45,06,407/- from the complainants towards basic sale consideration of the sale against total consideration of Rs.46,44,840/-.
7. As per clause 7(a) of the agreement between the parties Ex. C-2 the possession was to be given within a period of 39 months from the date of execution of the agreement. Further, in terms of clause 28 of the Agreement, in the event that OP is unable to allot the apartment applied for, OP shall be required to consider allotment of an alternative apartment or refund the amount deposited by the allottee alongwith interest @10% per annum.  OP has also rescheduled the expected date of possession to 31.03.2018, which comes out to be 67 months later from the actual date when the possession was to be handed over. However, even till date no offer of possession has been given by OP to the complainants. There is no explanation of delay as the right of the OP to file written statement has already been closed. From the un-rebutted evidence of the complainants deficiency on the part of OP is proved. The allottee is not expected to wait for possession of the Apartment for an indefinite period.  I, therefore, allow this complaint and direct the OP to refund an amount of Rs.45,06,559/- alongwith the interest at the rate of 10% p.a. from the date of each deposit till realization. There is no separate order for compensation as interest has been awarded in the form of compensation.
8. A copy of this order as per the statutory requirement be forwarded to the parties free of charge. 

File be consigned to Record Room.

 

 

(Salma Noor)

Presiding Member