| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.123/2015 Sh. Virender Kumar Ward No.6, Subhas Gali, Kanina Mandi, Distt. Mahendergarh, Rewari, Haryana-123027 ….Complainant Versus The Manager, Gennext Infratech Private Limited, W-6/29, Lane No.6, Manekshav Marg, Anupam Garden, Sainik Farm, New Delhi-110062 The Managing Director, Gennext Infratech Private Limited, C 2/38 S/F Flat No.9, Raju Park Khanpur, New Delhi-110062 ….Opposite Parties Date of Institution : 08.05.2015 Date of Order : 29.11.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Ms. Kiran Kaushal - Factual matrix of the instant complaint is that the complainant booked a residential plot in a pre-launch project of Gennext Infratech Pvt. Ltd. hereinafter referred to as OP.
- Complainant booked the plot in a project named ‘The Fortview Residency’ at Neemrana, Rajasthan @ Rs.6000/- per sq. yard. Complainant made part payment of Rs.1,97,500/- to OP for the residential plot measuring 100 sq yard. And OP confirmed registration of the same vide letter dated 26.03.2014. Copy of the allotment letter, payment receipt and cheques are annexed as Annexure -1, 2 & 3.
- It is stated that as per the allotment letter, it was specifically stated if there is any delay in the launch of the above stated project OP will be liable to pay a penalty of Rs. 10 per sq. yard per day till the time of launching. As the project was not launched by OP, Complainant sought refund from OP alongwith penalty @ Rs.10 per sq. yard per day.
- Aggrieved at not receiving the refund despite requesting the OP on numerous occasions, complainant approached this Commission for directions to OP to refund the amount of Rs.1,97,500/- to the complainant and also pay penalty of Rs.10 per sq. yard per day till the date of realization. Additionally, it is prayed that OP be directed to pay sum of Rs.90,000/- towards mental agony and Rs.1,000/- towards litigation cost. Complainant has also sought directions to OP to apologise for all the inconvenience caused to the complainant.
- OP filed its written version admitting the fact that complainant had booked residential plot in the pre-launched project of OP and paid Rs.1,97,500/- towards the same. OP denied any type of assurance given to the complainant. It is stated that alleged allotment letter was issued in connivance of the office staff of OP and Complainant’s dealer. OP has already lodged a complaint against them with the police officials. It is next stated that OP had no knowledge about this type of false assurance letter. It is further stated that complainant was aware at the time of booking that this project is at initial stage and it will take time to get approval from the government authorities.
- It is next denied that complainant made any request to cancel booking of the plot or requested for refund of the amount paid, to OP. In fact, it is the complainant who has not been depositing the due installment towards the booking of the plot. It is stated that complainant was very irregular in making payments of the installments and had stopped depositing the amount in June 2014; despite having knowledge of fact that delay in making payment of installment will tantamount to violation of agreed terms & conditions and shall cause of imposition of penal interest and other charges. The company had sole discretion to cancel the allotment made to the complainant but OP never adopted such harsh action and always cooperated with the complainant. It is stated that it is the complainant who defaulted in making the payment towards the installment of the booked plot.
- It is prayed that complaint being totally misconceived and meritless deserves to be rejected.
- Evidence by way of affidavit has been filed on behalf of the parties. Ample opportunities were to given to OP to file their written arguments, the same were not filed. OP was issued dasti notice to appear and argue the matter. Proof of service affected on OP is placed on record. OP chose not to appear. Material placed on record is perused and submissions made on behalf of complainant are heard.
- Complaint supported by the documents, reveal that complainant’s plot was booked and registration number was provided to the complainant for future correspondence on the letter head of OP, dated 26.03.2014. The letter acknowledges the receipt of payment made by the Complainant in the pre-launch project ‘The Fortview Residency’ at Neemrana, Rajasthan. The said letter assures that in case of delay in the project OP shall pay the penalty of Rs.10/- per sqyd./ per day till the time of launching. It is evidenced that Complainant had made payment of Rs.1,97,500/- to OP and the last payment was made on 09.06.2014. As the said project was not launched till the time of filing of complaint in 08.05.2015, Complainant is entitled to refund and penalty as promised by OP.
- OP has failed to establish that OP had not made any assurance or promised any penalty, as the alleged allotment letter was issued in connivance of the office staff of OP and complainant’s dealer. OP has not placed on record any F.I.R. or any other criminal proceedings initiated against anyone regarding the same. Therefore, the said plea of OP is rejected. OP having issued the letter dated 26.03.2014 is bound by the terms stated therein.
- Perusal of the documents placed before us, it is noticed that OP had not given any time frame for launching the said project. It is Complainant’s case that the project was not launched even after almost a year, therefore the amount paid by the complainant and penalty as promised should be given by OP. In the absence of the time frame provided by the OP and also the fact that Complainant had made part payment towards the plot, we are of the opinion that ends of justice would be met, if OP is directed to refund the amount made by the complainant alongwith reasonable compensation.
- Accordingly, we direct OP to refund Rs.1,97,500/- @6% per annum from the date of filing of the complaint within three months from the date of order, failing which OP shall pay Rs.1,97,500/- @ 9%till realization. Additionally, OP is directed to pay Rs.20,000/- towards harassment and litigation cost.
File be consigned to the record room .Order be given to the parties as per rules and be uploaded on the website. | |
