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.5,35,000/-. On payment of booking amount, Villa No. C-26, having super Covered area of 1765 sq. ft. was allotted to the complainant at a total cost of Rs.18,50,000/- and accordingly allotment letter was issue by the OP in favour of the complainant. At the time of booking, the OP had assured the complainant that the possession of the aforesaid villa will be handed over on or before 30.3.2008. It is alleged by the complainant that initially he was regularly paying the instalment as per the terms and conditions of the allotment letter. It is alleged by the complainant that till date he had already paid a sum of Rs.16,65,000/- out of which Rs.5,10,000/- was paid in cash and Rs.11,55,000/- through cheques and pay order on different dates till April, 2013. It is further alleged by the complainant that when he visited the site of the aforesaid project. He found that there was no progress in construction activity and as such stopped paying further instalments to the OP and informed it that he will pay the further instalments only if the construction is completed. The complainant visited the sites of the OP on various dates between January, 2011 – December, 2012, and found that construction work was going on with a very slow pace. It is further alleged by the complainant that till date neither the OP has handed over the possession of Villa nor had refunded the money deposited by him. It is alleged that such an act of OP amounts to deficiency in services and hence this complaint.
Notice of the complaint was sent to the OP through Regd. A D post dated 30.4.2015. The notice was not received back un-served and therefore service was presumed to have been effected on the OP . Since, none appeared on behalf of the OP, the OP was ordered to be proceeded with exparte.
In his exparte evidence, the complainant has filed his own 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 records the copy of allotment letter which also contains the terms and conditions of the contract between the complainant and the OP. As per the condition No. 6 of allotment letter the OP had to hand over the possession of the alleged villa to the complainant on or before 30.3.2008, but the OP had failed to do so even till date the OP had not handed over the possession of the villa to the complainant and a such violates the terms of the contract.
The complainant however had failed to place on record the copy of the payments receipts made by him to the OP on various dates. But from the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true. The OP has neither handed over the possession of the villa to the complainant nor has refunded the money deposited.
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.
We therefore, hold OP guilty of deficiency in services and direct it as under:-
- To refund to the Complainant a sum of Rs.16,65,000/-alongwith interest @ 10% p.a. from the date of deposit till payment.
- To pay to the complainant a sum of Rs.20,000/- for pain and mental agony suffered by him.
- 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.....................
