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.5,60,000/-. On payment of booking amount, Villa No. C-18, 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.5,60,000/- out of which Rs.5,10,000/- was paid in cash and Rs.50,000/- through cheques. 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 17.7.2010 the OP company cancelled his plot without any justification. However, in order to get the possession of the villa, the complainant vide letter dated 25.8.2010 offered his willingness to pay the entire outstanding amount to the OP but the OP had not replied to this letter till date. 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 to pay interest on their investment them only the OP has handed over initially a cheque dated 14.10.2012 for a sum of Rs.50,000/- 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 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 to the possession of the villa to the complainant and as such violates the terms of the contract.
The complainant has also placed on record the copy of payment receipts duly acknowledge by the OP . 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.5,60,000/-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.....................
