| Final Order / Judgement | 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.129/2016 - DR. SACHIN AGARWAL,
S/O SH. MAHESH CHANDRA AGARWAL R/O- HOUSE NO. 443, SECTOR-15, FARIDABAD, 121007 (HARYANA)…..COMPLAINANT Vs. - M/s ADEL LANDMARKS LIMITED
REGISTERED OFFICE AT: B-39, GROUND FLOOR, FRIENDS COLONY (WEST) NEW DELHI-110065. HEAD OFFICE AT:- B-24, SECTOR-3, NOIDA, UP- 201301. THROUGH MANAGING DIRECTOR/ DIRECTOR ……OPPOSITE PARTY Date of Order: 24.12.2021 O R D E R A.K. KUHAR– President - The Opposite Party (hereinafter referred as OP) is a Real Estate Developer and Builder and Construction Company. The Complainant had invested in the upcoming project of the OP namely “ ERA REDWOOD RESIDENCY” at Sector 78, Greater Faridabad in year 2012 to purchase a residential flat and in July 2012 was allotted a unit No. D-19/4 in the said project. The Allotment Letter and Agreement is Annexure A/1. As per Clause 10.1 of the Agreement the OP was to complete the project with in three years from the date of execution of the Agreement.
- The complainant, as per the demands of the OP, made a payment of Rs.11, 62,404/ in lieu of the allotment of a unit in the Project of OP as per the proof of payment shown in annexure A/2.
- The OP raised demands of payment but the Complainant raised queries which were not answered by the OP. The Complainant has annexed the copy of communication between him and the OP as Annexure A/3. The Complainant wrote Emails on 16.03.2015 and 21.03.2015 and brought various shortfalls in the project to the notice of the OP and requested the OP to send fresh demand letter upon completion of the project as assured at the time of agreement. The complainant again wrote e mail on 27.03.2015 raising concern regarding incomplete project, huge undisclosed charges etc. The complainant asked the OP to either complete the project as assured or refund the amount paid by complainant with interest.
- The Complainant has alleged that his allotment was cancelled by the OP in very unprofessional manners without giving the ready and liveable possession of the unit. The Complainant then wrote a letter via e-mail dated 21/05/2015 and demanded his money back with interest. (Email is Annexure A /5).
- The OP then launched a Diwali scheme in November 2015 giving the Complainant an option to either deposit the dues without interest or seek refund by 30/11/2015.( copy of the letter of OP dated 04/11/2015 is Annexure A/6)The Complainant sought refund of his invested amount of 11,62,404/ along with interest. He wrote Emails demanding refund on 07/11/2015, 12/11/2015 and 23/11/2015.( Copy of the Emails are Annexure A/7 Collectively )The OP did not respond to the Emails and thus did not refund the money of the Complainant.
- The Complainant issued a Legal Notice calling upon the OP to refund his amount along with interest of 24% per annum and compensation of five lakh. However, the OP failed to refund the amount and did not even give a reply of the said legal notice. Hence, the complainant filed this Complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and also unfair trade practice on the part of the OP.
- The Complaint was admitted and Notice was issued to the OP and was duly served at both the addresses given in the complaint on 18/07/2016 and 20/07/2016. Since the OP did not appear therefore OP was proceeded Ex-Parte vide order dated 01/12/2016.
- The Complainant filed his evidence by way of affidavit. His testimony goes unchallenged. It is established from the testimony of the Complainant that he had booked a unit/flat in the project of the OP namely “ERA REDWOOD RESIDENCY” at Sector 78, Greater Faridabad in year 2012. He has made payment of Rs. 11, 62,404/ to the OP. The complainant was offered possession in March 2015 but the OP failed to provide the information sought and complete/rectify the shortcomings noticed in the Project. The complainant wrote letter to withdraw his money with interest because the project was not completed as it was assured. It was not livable as per the case of the Complainant. The OP did not respond to his letters. The OP had launched a Diwali Scheme giving an option to the Complainant to seek refund. The Complainant exercised that option and sought refund vide his E-mails dated 07/11/2015, 12/11/2015 and 23/11/2015. (Copy of the Emails is Annexure A/7 Collectively). However, the OP still failed to refund the amount of the Complainant invested by him in the Project “ERA REDWOODRESIDENCY” despite the option exercised by the complainant as per the scheme launched scheme by the OP.
- The OP neither responded to the Legal Notice sent by the Complainant nor did contest the complaint. The unchallenged testimony of the Complainant has established his case. In the case of Arifur Rahman Khan and Ors vs DLF Southern Homes Pvt. Ltd and Ors 2020(3) RCR (Civil) 544 it has been held; “A failure of the developer to comply with the contractual obligation to provide the flat to a flat purchaser within a contractually stipulated period amounts to a deficiency”.
- It is noticed from the complaint and documents filed along with it that OP had offered possession of unit to the Complainant but the queries raised by the Complainant in his Emails addressed to the OP, at the same time, show that unit/project was not complete as it was assured. Moreover, when the Complainant has sought refund as per the scheme offered by the OP it was duty of the OP to refund the amount. Therefore, we are of the view that not delivering possession of the flat with the facilities assured and not refunding the amount deposited by the Complainant which was sought as per scheme launched by the OP itself amount to “deficiency in service” on the part of the OP.
- The OP is, therefore, directed to refund the amount of Rs. 11, 62,404 to the complainant with interest @ 6% per annum from the date of respective payment within 45 days of the receipt of this order and in default to make the payment with interest @ 9% till the date of payment. The OP is further directed to make payment of Rs. 50000/ towards compensation and Rs. 10000/ towards litigation expenses.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room. (Dr. RAJENDER DHAR) (RASHMI BANSAL) (A.K. KUHAR) MEMBER MEMBER PRESIDENT | |
