Haryana

StateCommission

CC/40/2016

DR.RAVINDER KUMAR GUPTA - Complainant(s)

Versus

IREO GRACE REALTECH PVT.LTD. - Opp.Party(s)

D.K.JANGRA

18 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,          PANCHKULA.

 

                                                Complaint No.40 of 2016

                                                       Date of Institution: 19.02.2016         Date of Decision: 18.01.2017

 

1.      Dr. Ravinder Kumar Gupta S/o Late Dr.Sh. Krishna R/o H.NO.15, C-Block, Pushpanjali Enclave, Pitampura, New Delhi.

2.      Ms. Sushmita Gupta W/o Sh.Rahul Gupta daughter of Dr.Ravinder Kumar Gupta r/o 15, C-Block, Pushpanjali enclave, Pitampura, New Delhi.

Being legal heirs of Ms. Aradhana Gupta (deceased) wife of Dr.Ravinder Kumar Gupta died on dated 02.06.2014.

…..Complainants

Versus

 

Ist Address:

Ireo Grace Realtech Pvt. Ltd., 5^th Floor, Orchid Centre, Sector 53, Golf Course Road, Gurgaon, Haryana, through its Managing Director.

2^nd Address:

M/s IREO 

IREO Campus, Main project Office,, Sector 59, Near Behrampur, Gurgaon, Haryana, through its Managing Director.

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs.Urvashi Agnihotri, Member.                                    

For the parties:  Mr.D.K.Jangra, Advocate counsel for the complainant.

                             Mr.Shekhar Verma, Advocate counsel for the opposite party No.1.

                             Oppsoite party No.2 deleted vide order dated 09.12.2016.

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

It is alleged by the complainant that as per agreement with opposite party (O.P.) No.1, wife of complainant No.1 namely Smt. Aradhana Gupta (since deceased) was allotted residential apartment in Sector 67-A, Gurgaon for Rs.26/- lacs.   Unfortunately she expired on 02.06.2014.  Complainant No.2 was formal co-applicant with Smt. Aradhana Gupta  and that is why she did not pay or contribute any amount of sale consideration on her behalf. After gap of 11 months from the date of booking, he received letter dated 22.03.2014 from O.P. regarding offer of residential apartment bearing No.A6-1402, measuring 1739.63 sq. ft. in Housing Project known as “The Corridors” situated in Sector 67-A, Gurgaon  and sent buyers agreement for signing the same. Demand letter was also sent. He told OPs that as he made payment in April 2013, it was not justified to raise demand after 11 months without settling terms and conditions for allotment of plot. He already deposited Rs.26,00,000/-, but, physical possession was not delivered.  So, O.Ps. be directed to refund Rs.26,00,000/-  alongwith interest @ 18% per annum from the date of booking of the flat till realization and Rs.10,00,000/- for compensation. 

2.      Arguments heard. File perused.

3.      Learned counsel for the complainant vehemently argued that neither possession was delivered nor construction was started by the opposite party, so the opposite party be directed to refunded the deposited amount alongwith interest. 

4.      This argument is of no avail because complainant has miserably failed to show the violation of any terms and conditions. It is alleged by complainant that initially OP sent buyers agreement but they sent the same  back for some correction. The complainant has not produced the copy of the buyers agreement sent by the OPs. They have only produced the copy of application form. It was the bounden duty  of the complainant to produce the agreement sent by the OPs so that it can be seen whether there was any violation of any condition or not. In the absence of any agreement it cannot be presumed that there is any fault on the part of the OPs. Complaint is pre-mature and is not maintainable at this stage and is hereby dismissed.  However, complainant will be at liberty to file complaint after expiry of date agreed in between them about delivery of possession. 

 

January 18th, 2017

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.