ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Ms. Nipur Chandna, Member

          The complainant booked a villa in a Group Housing Project of the OP known as “Park Side Villa” at Shastripuram Road, Vayu Vihar, Agra, U.P. and paid the booking amount of Rs.5,55,975/- on payment of booking amount, Villa No. C-27, having super covered area of 1765 sq. ft. was allotted to the complainant at a total cost of Rs.18,53,250/- and accordingly allotment letter was issued by the OP in favour of the complainant.  At the time of booking, the OP Company had assured the complainant that the possession for the Villa will be handed over on or before 30.3.2008. It is alleged by the complainant that when he visited the site of the project, he found that there was no progress in construction activity, and as such he stopped making further payment to the OP and informed OP that he will pay further instalments as soon as the construction at the site would be completed.  It is further alleged by the complainant that vide letter dated 20.7.2010 the OP company cancelled his plot without any justification.  However, in order to get the possession of the villa, the complainant vide letter dated 5.9.2010 and 30.9.2010 offered his willingness to pay the entire outstanding amount to the OP according paid a sum of Rs.13,11,300/- through cheques on various dates, which were duly en-cashed by the OP .  The complainant again visited the site on various dates between January, 2011 – December, 2012 but found that the construction work were going on at a very slow pace.  It is further alleged by the Complainant that in the month of April, 2013 he alongwith other allotees visited the office and threatened the OP to take legal action against it and asked him to allot the villa, as well as pay interest on their investment.  The OP has handed over initially a cheque dated 125.2013 for a sum of Rs.2,00,000/- was handed over to the complainant towards interest since the cheques issued to other allottees hand been dishonoured, the complainant had not presented the same for encashment.  It is alleged by the complainant that till date the OP company had failed to complete the project as assured by them and as such liable for deficiency in services.  Hence, this complaint.

Notice of the complaint was sent to the OP by registered AD post on 30.4.2015.  The notice was not received back un-served, and therefore service was presumed to have been effected on the OP .  The OP is ordered to be proceeded with exparte.

In his exparte evidence, the complainant has filed his affidavit dated 29.7.2015, wherein he has corroborated the contents of his complaint.

          We have heard the arguments advanced at bar and have perused the record.

          The complainant has placed on record the copy of allotment letter which also contains the terms of contract between the OP and the complainant.  As per the allotment letter the OP had to handed over the possession of the alleged villa to the complainant on or before 30.3.2008 but the OP had failed to do so.  The complainant has also placed on record the copy of payment receipts duly acknowledge by the OP .  He has placed n record the cancellation letter dated 20.7.2010 issued by the OP .  The Complainant had also placed on record letter dated 20.1.2011 by which the OP had made a further demand of Rs.5,49,975/- and also assured that the villa will be handed over to the complainant by June, 2011.  On the assurance of the OP the complainant had paid a sum of Rs.5,49,955/- to the OP but the OP had neither handed over the possession of the villa to the complainant nor refund the money deposited by him. 

The position at the site bears at the fact that no further progress is being made in the construction which is going on at a very slow pace.

       The Complainant had been assured of the possession of the villa by 30.3.2008, more than 7 years of the promised date, there is no sign of the project be completed which amounts to deficiency in services on his part.

     From the un-rebutted testimony of the complainant as well as the documents  placed on record, we are convinced that the story putforth by the complaint is true.  We hold OP guilty of deficiency in services and direct it as under:-

1.    To pay to the complainant a sum of Rs.13,11,300/- alongwith interest @ 10% p.a. from the date of deposit i.e. till payment.

2.    To pay to the complainant a sum of Rs.20,000/- for pain and mental agony suffered by him.

3.    To pay to the complainant a sum of Rs.10,000/- as a cost of litigation.       

       The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.  File be consigned to record room.

          Announced in open sitting of the Forum on.....................