Delhi

East Delhi

CC/574/2016

HARMINDER SINGH - 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. 574/16

 

Shri Harminder Singh Arora

S/o Shri Gurnam Singh Arora

WZ-164, 2^nd Floor, Street No. 5

Virendra Nagar, New Delhi – 110 058                         ….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 Shri Harminder Singh Arora 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 OP, mother of the complainant booked one BHK Flat no. 1405, area 507 sq. ft., H-Tower at 14^th floor, Red Apple Homez-I, Ghaziabad, UP with OP and deposited Rs. 1,06,000/-  towards 10% of BSP through three cheques as follows:-

Amount	Cheque No.	Cheque date	Bank
40,000.00	192432	29.09.2012	PNB
9,720.00	084013	03.10.2012	HDFC
56,280.00	743657	03.10.2012	AXIS

 

M/s. Manju J Homes India Ltd. (OP) issued the receipt no. H1405-570503 dated 21.10.2012 for the same and assured the complainant that the flat will be handed over within 30 months of booking. 

The employees of M/s. Manju J Homes India Ltd. (OP) had taken relevant documents from the complainant for sanction of loan from bank.  Thereafter, the complainant asked to M/s. Manju J Homes India Ltd. (OP) about status of flat telephonically as well as through email, but no satisfactory reply was given by them. 

          After lapse of 30 months in March, 2015, the complainant had received a payment cum demand letter dated through email on 18.03.2015 from OP for flat no. L-1514 and further demanded Rs. 1,49,300/- towards 15% of BSP.  It was stated that OP had changed the plan and flat without permission of the complainant.  He was told that they will give possession of the flat within few months only if he 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. 

          It was also stated that M/s. Manju J Homes India Ltd. (OP) refused to return the money and told that they were not inclined to return his money, but if he wants transfer, he may transfer in favour of any other person.

M/s. Manju J Homes India Ltd. (OP) started pressuring to the complainant for their illegal demand, hence, the complainant handed over three cheques of Rs. 1,49,300/- to M/s. Manju J Homes India Ltd. (OP) as follows:

Amount	Cheque No.	Cheque date	BANK
49,300.00	535518	19.03.2015	SBI
50,000.00	535519	19.04.2015	SBI
50,000.00	535520	19.05.2015	SBI

 

 Thereafter, 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 19.03.2015, the particulars of flat were mentioned as Flat No. L-1514, 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.	Amount (in Rupees)	Cheque No.	Cheque date	Bank
1	40,000.00	192432	29.09.2012	PNB
2	9,720.00	084013	03.10.2012	HDFC
3	56,280.00	743657	03.10.2012	AXIS
4	49,300.00	535518	19.03.2015	SBI
5	50,000.00	535519	19.04.2015	SBI
6	50,000.00	535520	19.05.2015	SBI

 

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.  He visited the office of M/s. Manju J Homes India Ltd. (OP) several time for refund of money, but all in vain. 

          On 09.05.2016, 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 M/s. Manju J Homes India Ltd. (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 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 M/s. Manju J Homes India Ltd. (OP), wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been  stated in the complaint.  He has also got exhibited original offer cum proposal (Ex. CW-1/1), copy of payment receipt (Ex. CW-1/2), copy of email dated 17.02.2014 (Ex. CW-1/3), copy of demand letter through email dated 18.03.2015 (Ex. CW-1/4), copy of builder buyer agreement dated 19.03.2015 (Ex. CW-1/5), copy of documents in support of payments      (Ex. CW-1/6), copy of legal notice (Ex. CW-1/7) and layout plan provided by OP (Ex. CW-1/8 colly.).

          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 his testimony such as Builder Buyer Agreement (CW-1/5), Payment Plan    (CW-1/2), it comes out that the complainant have paid an amount of                 Rs. 2,55,300/- for flat no.  L-1514 which was allotted to him, the possession of which was to be handed over within a period of 30 months from the date of booking i.e. 03.10.2012.  As per booking, the possession was to be handed over to the complainant by April 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-1/5), if the terms of agreement set in the builder buyer agreement are looked into, the possession was to be handed over by October, 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-1/5), 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, he has suffered mental pain and agony for which he 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, his case for refund has been made out.

In view of the above, we order that the complainant Shri Harminder Singh Arora, be paid the deposited amount of Rs. 2,55,300 alongwith 9% interest from the date of filing the complaint. He 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 be the order 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