CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/120/2019

                                                                                                       Date of Institution:-27.03.2019

                                                     Order reserved on:28.04.2023

                                                  Date of Decision:-04.05.2023

IN THE MATTER OF:

Sh. Amit Kumar,

S/o Shri Satvir,

R/o Village & P. O. Nakhrola,

Distt. Gurgaon, Haryana                                                                 .......Complainant

VERSUS

M/s Habitech Infraventures Pvt. Ltd.

Having its Corp. Office at: B-1,

Mohta Building 4, Bhikaji Cama Place,

New Delhi –110066.                                                                       .…..Opposite party

O R D E R

Per Dr. Harshali Kaur, Member

1. Briefly stated the facts of the present complaint are that the Complainant booked a plot which the O.P. was developing at Village Malpura, Tehsil Kotputli, District Jaipur, Rajasthan, in the name of “Habitech Wish Town”.

2. The Complainant paid a consideration amount of Rs.74,250/- out of the total consideration of Rs.4,95,000/- (as per the Builder Buyer agreement annexed with the complaint on page no. 18 ) on 07.04.2014 towards the said booking of the plot. The O.P. issued a receipt no.898 dated 07.04.2014, and Rs.3,96,000/-  as 1^st Instalment was also paid, to O.P. who issued receipt no. 936. The Builder Buyer Agreement acknowledges the aforementioned payment on Pg No. 19 and allotted plot no. 85/SCH vide registration No.HWT-303, area measuring 100 sq. yards. He opted for Plan-A (Down Payment Plan) to pay the balance amount to the O.P. for his booked plot.(Annexure-1)

3. The Builder Buyer Agreement dated 17.05.2014 was duly executed. The Complainant submitted that he has also deposited development charges as demanded by the O.P. vide demand letter dated 21.11.2015 on 16.02.2017 vide receipt no.2896 amounting to Rs. 59,500/-.

4. The Complainant continuously corresponded with the O.P. orally and in writing vide letters dated July 2016 to know the project’s progress. He requested the O.P. to hand over the possession after due development as agreed by the O.P. and deliver the possession of his plot, which was acknowledged by the O.P. Still, the O.P. failed and neglected to fulfil the promise made to him at the time of registration. The Complainant, therefore, sent a Legal Notice to the O.P.s dated 28.01.2019 on their various addresses as mentioned in the Builder Buyer Agreement. But all the envelopes returned with remarks, “left the address”.

5. According to the agreement Article 3 (a), the possession of the plot would likely be handed over to the Complainant within 24 months with a grace period of 12 months from the date of the agreement. However, the Complainant realised that the O.P. was not developing the site where his plot was located. He repeatedly corresponded with the O.P. inquiring about the development status, but the O.P. did not fulfil its obligation. He, therefore, stopped the instalments towards his booked plot. He states that he is willing to pay the entire balance amount if the O.P. hands over the fully developed plot.

6. Feeling cheated, the Complainant filed the present complaint before this Forum, alleging deficiency-in-service on the part of the O.P. under section 12 of the Consumer Protection Act, 1986. He prays for physical possession of the developed plot booked by him or alternatively refund of Rs.5,29,750/- deposited by him at the time of registration of the plot with interest @12% as agreed upon between his and the O.P. from the date of deposit as given in clause (d) of Article 3 of Builder Buyer Agreement towards delayed penalty. He also prays for directions to the O.P. to pay a sum of Rs.5,00,000/- towards compensation for harassment and torture due to their deficiency-in-service, unfair trade practice, cheating and litigation charges.

7. Notice was issued to the O.P. Sh. Vijay Chaudhary, AR of the O.P. Company, appeared and received a fresh copy of the complaint. However, the O.P. chose not to file their reply and were hence proceeded ex-parte vide order dated 18.12.2019. The Complainant filed his ex-parte evidence wherein he reiterated his averments as given in his complaint and written arguments, and the present complaint was listed for final arguments. We have heard the Ld. Counsel Sh. V.S. Yadav, who appeared for the Complainant. O.P. is ex-parte, and none appeared for the O.P. on the date fixed for final arguments.

8. We have carefully heard the oral arguments of the Ld. Counsel of the Complainant and have also perused the documents filed by the Complainant to corroborate his claim. The Complainant has placed on record the copy of the application form (pages no. 8, 9 & 10) and the copy of the cheque dated 02.04.2014 drawn on Vijaya Bank on page no. 11 of his complaint. The receipt dated 07.04.2014 of the amount towards the plot registration on page no. 12 for the paid sum of Rs.74,250/- of his complaint, the acknowledgement letter dated 07.04.2014 sent to the Complainant by the O.P. towards his registration and the receipt of consideration at page no. 13 of the complaint. He has also annexed the copy of the Builder Buyer Agreement along with the MOU and terms and conditions from pages 14 to 31. The demand letter on page no. 32. The receipt towards this demanded payment, Rs.59,500/- issued by O.P. dated 16.02.2017, is annexed on page no. 33. The Complainant has attached all the letters he wrote to the O.P. and their reply dated 08.03.2018 & 27.12.2017, along with the legal notice in the subsequent pages of his complaint.

9. The Complainant booked a plot measuring 100 sq. yards in the O.P.’s project, namely “Habitech Wish Town” in Tehsil Kotputli, District Jaipur, Rajasthan. He paid the registration amount of Rs.74,250/- & Rs.3,96,000/- out of the plot’s total cost, i.e. Rs.4,95,000/-. The O.P. issued a receipt No.898 dated 07.04.2014 and receipt no. 936 dated 21.04.2014, respectively, towards receipt of the payment mentioned above. The Complainant opted for the Down Payment Plan-Plan-A to make further payments, and Builder Buyers Agreement was executed. The Builder Buyer agreement acknowledges the abovementioned payment on pg. 19, which is annexed with the complaint. The O.P. promised to hand over the fully developed plot to the Complainant within 24 months with a grace period of 12 months, failing which the O.P. would be liable to pay interest @12 p.a. as delayed penalty clarified and agreed upon by both parties and ascribed in clause (d) of Article 3 of the Builder Buyers Agreement. The O.P. demanded an additional amount of Rs.59,500/- towards developmental charges vide their demand letter dated 21.11.2015. The Complainant paid the same and also received receipt no. 2896 towards this payment issued by the O.P. dated 15.12.2015.

10. When the O.P. failed to hand over the developed plot to the Complainant, he sent a legal notice to the O.P., which came back unserved. He, therefore, filed the present complaint before this Forum on 27.03.2019 alleging deficiency-in-service on the part of the O.P. Since, the O.P. is ex-parte, we have no reason to disbelieve the Complainant, who has duly corroborated his testimony and proved the documents on record. The Complainant has filed the Builder Buyers Agreement, which clarifies the terms and conditions agreed upon between the Complainant and O.P. regarding the delayed penalty clause to be 12% p.a. in Article 3 clause (d) of the Builder Buyers Agreement and payments made by the Complainant.
11. In light of the uncontroverted and unrebutted testimony of the Complainant, as the O.P. is ex-parte, we allow the present complaint and direct the O.P. to refund to the Complainant the amount paid by him towards booking his plot, i.e., Rs.5,29,750/- along with interest @6%  from the date of filing of the complaint, i.e., 27.03.2019 till realisation. The O.P. shall also pay a sum of Rs.10,000/- towards compensation for mental agony and harassment, including litigation cost.

• Order be given dasti to both parties.
• Order be complied with within 45 days of receipt of this order failing which the O.P. shall pay interest @9% instead of 6% p.a. on the refunded amount from the date of filing the Complainant, i.e. 27.03.2019 until realisation.
• The file be consigned to the record room thereafter.