CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

  Udyog Sadan, C – 22 & 23, Institutional Area

          (Behind Qutub Hotel)

   New Delhi – 110016

    Case No.171/21

Mrs. Malabeeka Maitra

C/o K.S. Chakrabarti E-861 (SF) C.R. Park

New Delhi-110019

Mob:9654007259                                                                         …..COMPLAINANT

Vs.

M/s Jupiter Landmark Inc.

Through its Managing Partner Sh. Manish Chandak

Situated at : Landmark Group, Opp. Konark

Vegetarian Restaurant, After Ritz Carlton Hotel

Cariappa Road, Ashok Nagar, Bengaluru

Karnataka-560025

Mob:9980041121                  

Also at:

Commanders Glory 1^st Cross Singapura Layout

Simhadri Layout, Singapura Village

Vidyaranyapura, Bengaluru

Karnataka-560097.                                             …..RESPONDENTS

Date of Institution-30.07.2021

Date of Order-23.02.2024

                                                O R D E R

RITU GARODIA-MEMBER

1. The complaint pertains to deficiency in service on the part of OP.

2. Brief facts outlined in complaint are: The complainant and her late husband applied to OP to purchase a residential apartment having super area of 1010 Sq. Mtrs. for a price of Rs.27,64,323/- inclusive of External Development Charges, Infrastructure Development charges, Preferential Location Charges.

3. OP entered into an Apartment Buyer’s Agreement with the complainant on 27.12.2013. The complainant was allotted an apartment bearing no.B2010 by OP with an assurance of possession within 18 months. The complainant made payments on various dates are as follows:

a) Rs.50,000/-On Booking dated 10.07.2013

b) Rs.10,00,000/-Paid on 28.12.2013

4. The complainant alleges that OP was supposed to hand over the possession of the apartment on or before 30.09.2015 inclusive of a grace period of three months as per the Agreement.  It is alleged that OP failed to complete the project on time.  It is further alleged that many buyers are residing in the said project without any formal delivery of possession. 

5. The complainant demanded full refund with 18% interest as per clause 13 of Agreement of Sale. 

6. The joint applicant Col. Basudev Maitra, husband of the complainant died intestate.  The complainant has filed the death certificate.  Complainant prays for refund of Rs.20,97,984/-, a sum of Rs.21,02,352/- towards 18% interest and Rs.35,000/- towards litigation expenses. 

7. OP was duly served as per order dated 1.11.2021 but none appeared.  The right to file reply by OP was closed vide order dated 06.09.2022.

8. Complainant has filed evidence and submitted the following documents:

1. Copy of the Agreement to Sale is exhibited as Ex.CW1/1.
2. Copy of the payments made to the OP are exhibited as Ex.CW1/2.
3. Copy of the emails are exhibited as Ex.CW1/3.
4. Copy of legal notice is exhibited as Ex.CW1/4.
5. Copy of the Death Certificate is exhibited as Ex.CW1/5.
6. Copy of deponent’s passbook is exhibited as Ex.CW1/6.

9. The Commission has considered the material and documents on record. The Agreement of Sale dated 24.4.2014 is executed between OP and Mrs. Malabeeka Maitra (Complainant) and her husband Col. B.G. Maitra.  Clause 13 of the said agreement is as follows : 

“In the event of a delay beyond the agreed timeframe for completion of 18 months and the further grace period of 3 months thereafter, the Purchaser/s will have the option to cancel the booking and take refund of the amounts paid together with a penalty of 18% per annum from the Vender/Developer or continue the booking with a penalty of 18% per annum on the amount paid by the Purchaser to the Vendor/Developer till that date.”

10. The complainant has filed receipts which are as follows:
11.  

1. 813                    10.7.13           50,000/-
2. 1240                  30.12.13       3,47,984/-
3. 1237                  28.12.13     10,00,000/-

11. The complainant has filed a report of Real Time Gross settlement system in which Rs.5,00,000/- were paid on 25.04.2015 and Rs.2,00,000/- was paid on 08.07.2015.

12.  The complainant, her husband and her daughter sent various emails dated 06.07.2017, 04.04.2019, 18.04.2019, 02.05.2019, 4.05.2019, 07.05.2019, 12.05.2019, 31,05,2019, 20.04,2021 and 17.7.2021 requesting for cancellation and refund.  The complainant also sent a legal notice to OP dated 22.04.2021.

13. It is clear that the parties entered into agreement on 24.04.2014.  Clause 13 of this clearly states that the time frame for completion of the said project is 18 months with a further grace period of 3 months.  Any delay beyond the said time frame will entitle the complainant to have the option of cancellation and refund with the penalty of 18% p.a.  The complainant has paid Rs.20,97,984/-.

14. It is stated by complainant that she had not received delivery and possession of the flat till date.   OP failed to appear and rebut the contention made by the complainant.  The complainant and her family has repeatedly asked for refund in various emails from 2017 to 2021. 

15. The Apex Court in Fortune Infrastructure V/s TevorD”lima (2018) 5 SCC 442 has  held a person cannot be made to wait indefinitely for possession of the flat allotted to him and is entitled to seeks refund of the amount paid by him along with compensation. 

16. The complainant has categorically stated that he has not received the possession of the plot.  In the absence of any denial or rebuttal by OP, the complainant’s stands regarding deficiency in service stands proved.  Hence we direct OP to pay Rs.20,97,984/- alongwith 18% interest from the date of last deposit i.e. 08.07.2015 till realization.  We also direct OP to pay Rs.25,000/- as compensation for mental agony, physical inconvenience inclusive of litigation expenses.

17. File consigned to record room.  Order to be uploaded and to be complied with within 30 days from the date of the order.