ORDER
SH. RAKESH KAPOOR, PRESIDENT
The complainants had initially booked two residential apartments of the size of 1656 Sq. Ft. and 1350 Sq. Ft. respectively in their names in MVL City, Bhiwadi Project of M/s Media Video Ltd. They had filled up advance registration forms dated 14.11.2006 and had deposited the following amounts.
- Cheque No. 306047 dated 14.11.2006 for Rs.
,221750/- in favour of M/s Media Video Ltd. (Real Estate Division) by Rohit Chawla. - Cheque No. 306048 dated 14.11.2006 for Rs. 1,82,250 - in favour of M/s Media Video Ltd. (Real s ate Division) by Ms. Vandita Chawla.
- Cash amount of Rs. 14,125/- towards installment on 09.05.2008 vide seat No. 010099 dated 09.052Q08_by Mrs. Vandita Chawla in favour of M/s Media Video Ltd. (Real estate Division).
It is alleged by the complainant that as per the terms and conditions of the booking, the residential apartments were to be allotted within a period of 6 months failing which the OPs were required to pay a simple interest @ 10% p.a. on the amount deposited by the complainants. It is also alleged by the complainants that the registered flats were booked by them for their own residential use. However, neither any allotment was made nor any construction at the site had been taken up. It is also alleged that even though the complainants had paid a sum of Rs. 14125/- towards installments, there was no progress of construction at the site. There was also no response from the OP who did not make any correspondence with regard to the construction at the site.
In the meanwhile, the OP transferred the entire amount deposited by the complainants towards one residential flat in the name of complainant no1. Vide letter dated 14.3.2008, the OP informed the complainant that the size of the apartments was 1242 Sq. F. and 1565 Sq Ft respectively and the process would commence from 18.3.2008 to 18.4.2008. It is alleged that no development had, however, taken place at the site. It is alleged by the complainant that the OP sent a letter along with a statement in July 2012 , showing that the complainant no. 1 was allotted flat by booking no. BK /0397 in MVL Coral Bhiwadi at a total cost of Rs. 24,34,149/. It is alleged by the complainants that apart from letters dated 14.3.2008 and 8.4.2008 no other letter was received by them as alleged in the letter dated 21.7.2012. Complainant no. 1 wrote a letter dated 28.7.2012 to the OP stating that the flat was booked in MVL City and not in any other project Like MVL Coral or MVL flora. The OP , however, sent a letter dated 16.8.2012 informing that the booking had been cancelled and the earnest money along with interest had been forfeited. It is alleged by the complainants that this act of the oP was uncalled for and unwarranted as there was no construction at the site . The complainants wrote an email dated 20.11.2012 seeking the refund of the amount deposited by them along with interest . They received an e-mail dated 22.12.2012 wherein the OP had stated that the original documents/ receipts issued by it may be submitted in order to complete the formalities of refund. The complainants had immediately responded to the said e-mail. However , the OP has failed to refund the amount deposited by the complainant despite various requests which had led them to approach this forum for redressal of their grievances.
The OP has contested the compliant and has fled a reply . It has admitted that initially two flats were booked by the complainants in their project MVL city. It has admitted that the complainants had deposited the booking amounts of Rs. 2,22,750/- (by complainant no.2)
and Rs. 182250/- by complainant no. 1 . They have further admitted that a sum of Rs. 14,125/- was deposited in cash by complainant no. 1 on 9.5.2008 totaling to a sum of Rs. 4, 19,125/- . OP has further admitted that the entire amount of Rs. 4,19,125/. was adjusted towards one flat in the name of the complainant no. 1 . The OP has claimed that the complainant no. 2 had entered into an agreement dated 6.2.2009 whereby he had got adjusted the amount paid towards the booking of flat in MVL Coral in favour of complainant no.1. It was further agreed that the allotment of the flat in favour of complainant no1 would be shifted to MVL Coral from MVL City. It is also stated by the OP that the complainant no.1 had failed to make payment as per the agreed terms despite several reminders dated 21.7.2012, 25.6.2012, 22.5.2012, 23.4.2012 , 3.12.2011 , 29.11.2011 and 24.12.2011. It is stated that it had issued a final notice dated 21.7.2012 whereby it had asked complainant no. 1 to make payment of installments due failing which the allotment shall stand cancelled as per the terms of the agreement. It has stated that since the complainant no. 1 had failed to pay the installments as per the agreed terms, it had cancelled the allotment and forfeited the amount deposited in accordance with the terms and conditions. The OP has denied any deficiency in service n its part and has claimed that the complaint has no merits and the same is liable to be dismissed. It has prayed accordingly.
We have heard arguments advanced at the bar and have perused the record.
Some of the facts are not in dispute. It is admitted that initially the complainants had booked two flats in the MVL City project of the OP. They had paid the initial booking amount on 14.11.2006 and had further paid a sum of Rs. 14,125/- on 9.5.2008. In the name of complainant no. 1 . It appears that an agreement dated 6.2.2009 was executed by complainant
no.2 in favour of complainant no. 1 whereby the booking in his favour was cancelled and it was agreed that the amount deposited by him would be adjusted towards the amount payable by complainant no.1 in respect of the flat booked by her. Simultaneously, the booking in favour of the complainant no. 1 was changed from MVL City to MVL Coral. The OP has claimed that complainant no. 1 had defaulted in making payment f the installments due as per agreed terms and conditions and it had issued various letters to her in his regard. The OP has claimed that that it had raised demands vide letters dated 24.11.2008 , 29.4.2011 , 3.12.2011 , 23.4.2011 , 22.5.2012, 25.8.2012 and 21.7.2012. The complainants on the other hand claimed that except for letter dated 21.7.2012 they had not received any other letters as mentioned above. The learned counsel for the complainants has drawn our attention to the aforesaid letters copies of which have been placed on record by the oP . He has pointed out that the address mentioned on all these letters is incorrect that is why these letters were not received by them . We have perused the letters which was sent at the following address : Mrs. Vandita Chawla BA -106 G8 area Maya Enclave , New Delhi -110064. The correct address of the complainants’s is Vandita Chawla EA-106, G8 area Maya Enclave, New Delhi -110064. We are , therefore, constrained to hold that the demand letters were sent by OP at a wrong address. The OP was, therefore, not entitled to cancel the booking and forfeit the amounts deposited by the complainants. We, therefore, hold OP guilty of deficiency in services and direct it as under;
1.Pay to the complainants a sum of Rs. 4,19,125/- along with interest @ 10 % p.a. from the date of instuition of this complaint i.e.24-11-2014 till payment.
2.Pay to the complainant a sum of Rs. 10,000/- as 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 OP1 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.....................
