Delhi

East Delhi

CC/573/2016

DILPREET - Complainant(s)

Versus

MANJU J. HOME INDIA - Opp.Party(s)

12 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 573/16

 

Ms. Dilpreet Kaur

Flat No. C-499, 2^nd Floor

Shakti Khand-4

Indirapuram, Ghazaibad                                             ….Complainant

Vs.    

M/s. Manju J Homes India Ltd.

C-294, Vivek Vihar, Delhi – 110 095

Also at:

Corporate Office: C-10

Ramprastha, Ghaziabad                                                   …Opponent

 

Date of Institution: 28.10.2016

Judgement Reserved on: 12.03.2020

Judgement Passed on: 16.03.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Ms. Dilpreet Kaur against            M/s. Manju J Homes India Ltd. (OP) through its Directors/Authorized Signatories under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that on the assurance of the employees of    M/s. Manju J Homes India Ltd. (OP), mother of the complainant booked one BHK Flat no. 1412, area 507 sq. ft., I-Tower at 14^th floor, Red Apple Homez-I, Ghaziabad, UP with M/s. Manju J Homes India Ltd. (OP) and deposited Rs. 1,06,000/-  towards 10% of BSP through cheque no. 026871 dated 28.09.2012 which was cleared.  M/s. Manju J Homes India Ltd. (OP) issued receipt no. 1412-325401 dated 28.09.2012, with the assurance that the flat will be handed over to the complainant within 30 months of booking.   Employees of M/s. Manju J Homes India Ltd. (OP) had taken relevant documents from the complainant’s mother for sanction of loan from the bank.  On enquiry, they told that her loan file was deposited in the bank and they will give possession to her in time. 

          After lapse of 30 months in March, 2015, the complainant had received a payment cum demand letter dated 19.03.2015 from M/s. Manju J Homes India Ltd. (OP) in which they demanded Rs. 1,49,300/- towards 15% of BSP.  It was stated that M/s. Manju J Homes India Ltd. (OP) had changed the plan and flat without permission of the complainant.  She was told that they will give possession of the flat within few months only if she paid some more money to M/s. Manju J Homes India Ltd. (OP).  Because of that, the complainant denied to take the flat and asked for refund of money, but employees of M/s. Manju J Homes India Ltd. (OP) directed the complainant that on depositing the money as per demand, they will issue allotment letter / flat buyer agreement letter to the complainant.  In the mean time, the flat was transferred in the name of the complainant.

          It was also stated that OP started pressuring to the complainant and her friend for their illegal demand.  Thereafter, complainant’s friend          Shri Harpreet Singh requested to M/s. Manju J Homes India Ltd. (OP) for transfer of his flat allotment money in the account of complainant’s flat.  M/s. Manju J Homes India Ltd. (OP) transferred his deposited amount of Rs. 1,06,000/- in the booking amount of complainant’s flat after cancellation of his friends booking.  The complainant also handed over cheque for an amount of Rs. 43,300/- vide cheque no. 670291 dated 24.03.2015, M/s. Manju J Homes India Ltd. (OP) handed over allotment letter / flat buyer agreement to the complainant and taken signature of the complainant and told that possession of the flat will be given within 30 months.  As per allotment letter dated 24.03.2015, the particulars of flat were mentioned as Flat No. L-1512, tower –L, Type-1BHK and super area 599 sq. ft., total amount of Rs. 16,50,986/- and project name RED APPLE HOMES,     Phase -2, Khasra no. 1113, 1114, 1115 and 1116, Morta, Ghaziabad, UP. 

          It was stated that the complainant paid a total of Rs. 2,55,300/- as follows:-

S.NO.	Cheque no,	Cheque date	Bank	Amount (in Rupees)
1	026871	28.09.2012	ICICI	1,06,000/-
2	0840110	28.09.2012	HDFC	96,280/-
3	084014	03.10.2012	HDFC	9,720/-
4	670291	24.03.2015	OBC	43,300/-

 

Despite repeated enquiries, M/s. Manju J Homes India Ltd. (OP) did not provide the date of possession of flat.  After seeing the adamant attitude of employees of M/s. Manju J Homes India Ltd. (OP), the complainant requested to M/s. Manju J Homes India Ltd. (OP) for refund of money in the month of May, 2016.  She visited the office of M/s. Manju J Homes India Ltd. (OP) several time for refund of money, but all in vain. 

          On 11.05.2016, the complainant sent a notice to M/s. Manju             J Homes India Ltd. (OP) which was neither replied nor complied.  Hence, the complainant has prayed for directions to M/s. Manju J Homes India Ltd. (OP) to pay an amount of Rs. 2,55,300/- with 18% interest; compensation of Rs. 1,00,000/- on account of damages towards harassment and mental agony and Rs. 50,000/- towards litigation expenses. 

3.       Shri Amit Pandey who has appeared on behalf of M/s. Manju             J Homes India Ltd. (OP) took the copy of the complaint, but did not file the reply and stopped appearing, hence, they were proceeded ex-parte.  The ex-parte order has been set aside subject of cost of Rs. 5,000/-.

In reply filed on behalf of OP, they have stated that the complainant chose the NO EMI till possession payment plan and as per the said plan, the complainant had to pay 10% of BSP of the flat at the time of booking, 80% of the BSP within 60 days and 10% at the time of offer of possession. 

It was stated that the complainant was told to visit the office of      M/s. Manju J Homes India Ltd. (OP) for the purpose of executing the builder buyer agreement within 10 days and as per latest guidelines by the government, the complainant has to pay 15% of the BSP at the time of booking.  For that purpose also, M/s. Manju J Homes India Ltd. (OP) called the complainant several times for balance amount and execution of builder buyer agreement, but the complainant delayed the matter on one pretext or the other.   

It was also stated that the cause of action had not been properly explained; complaint was not filed within the limitation period; this Forum has no territorial jurisdiction as the subject flat was located in Ghaziabad, UP. 

It was further stated that the complainant was defaulter in making the payment of agreed amount as per payment plan.  Other facts have also been denied.       

4.       Complainant have filed rejoinder to the WS of OP, wherein she has controverted the pleas taken in the WS and reasserted her pleas.

5.       In support of its case, the complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been  stated in the complaint.  She has also got exhibited original offer cum proposal (Ex. CW-1/1), copy of payment receipts (Ex. CW-1/2 colly.), copy of builder buyer agreement dated 24.03.2015 (Ex. CW-1/3) and copy of legal notice (Ex. CW-1/4).

          In defence, M/s. Manju J Homes India Ltd. (OP) did not file any evidence and stopped appearing.  Hence, they were proceeded ex-parte.

6.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant which has gone un-rebutted and the documents got exhibited in her testimony such as Builder Buyer Agreement (CW-1/3), Payment Plan    (CW-1/2), it comes out that the complainant have paid an amount of        Rs. 2,55,300/- for flat no.  L-1512 which was allotted to her, the possession of which was to be handed over within a period of 30 months from the date of booking i.e. 28.09.2012.  As per booking, the possession was to be handed over to the complainant by March 2015, but the possession was not handed over to the complainant within the stipulated period. 

          Though the period of 30 months with grace period of 6 months have also been put in the allotment letter cum flat buyer agreement (Ex. CW-1/3), if the terms of agreement set in the builder buyer agreement are looked into, the possession was to be handed over by September 2017 whereas as per the terms and conditions of the payment plans (Ex.CW-1/2), the possession was to be handed over in 30 months from the date of booking. 

          To reconcile the terms of payment plans (Ex.CW-1/2) and allotment letter cum flat buyer agreement (Ex.CW-1/3), M/s. Manju J Homes India Ltd. (OP) putting 30 months for giving the possession with grace period of  6 months from the date of executing the builder buyer agreement, they have unilaterally put this condition which was not in favour of the complainant.  By doing so, they have indulged in unfair trade practice.  Therefore, the terms set out in the Payment Plan have to be given effect.  Thus, the complainant was to be given possession within 30 months from the date of booking i.e. by March, 2015. 

 When the possession of the flat has not been handed over till filing of the complaint which is of 28.10.2016, the case of the complainant for refund was made out on account of delay in giving the possession within the stipulated period as it amounts to deficiency on the part of M/s. Manju    J Homes India Ltd. (OP). 

By not delivering the possession, certainly, she has suffered mental pain and agony for which she has to be compensated.  The fact that the complainant have only asked for refund of the deposited amount and there has been delay in handing over the possession of the flat to the complainant, certainly, her case for refund has been made out.

In view of the above, we order that the complainant                      Mrs. Dilpreet Kaur, be paid the deposited amount of Rs. 2,55,300 alongwith 9% interest from the date of filing the complaint.  She be further paid an amount of Rs. 30,000/- on account of mental pain and suffering which includes the cost of litigation. 

The order be complied within a period of 60 days from the date of receipt of order.  If not complied, the amount of compensation of              Rs. 30,000/- shall also carry 9% interest from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                               (HARPREET KAUR CHARYA) Member                                                                           Member

 

 

(SUKHDEV SINGH)

President