District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.08/2022.
Date of Institution: 04.01.2022
Date of Order: 05.08.2022.
Sandhya Aggarwal aged about 35 years daughter of Shri Gopi Chand Gupta, resident of House No. 1491, G.F.Sectora-16, Faridabad, District Faridabad. Aadhar card No 881165148191 mobile No. 9310888828.
…….Complainant……..
Versus
1. M/s. adore Realtech Private Limited, H.NO. A-43, F.F.Front Side Sherea Mohalla, Garhi, near East of Kailash, New Delhi – 110 065.
2nd address:
M/s. Adore Raltech Private Limited, Corporate office: 1F-24-25-26, Ozone Centre, Sector-12, Faridabad – 121007 through its Directors/principal Officers.
2. Ms. Pooja, Manager, M/s. Adoe Raltech Private Limited, Corporate office:1F-24-25-26, Ozone Centre, sector-12, Faridabad – 121007.
3. Sunny, Senior Manager, M/s. Adore Realtech Private Limited, Corporate Office: 1F-24-25-26, Ozone Centre, Sector-12, Faridabad – 121007.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Complainant in person.
Sh. Rohan Gupta , counsel for opposite parties No.1 to 3.
ORDER:
The facts in brief of the complaint are that opposite party No.1 offered residential flat in its upcoming project at Secator-86 Faridabad and the total cost of the said unit was Rs.26,33,360/-. Accordingly the complainant submitted an application to opposite party No.1 bearing NO. 1340 for allotment of a residential flat in Group Housing Colony being developed under Affordable Housing Policy, 2013 of Government of Haryana by M/s. Adoe Realtech Private Limited on land ad-measuring 4.125 cres situated in sector-86, Village Budhena Faridabad. At the time booking the complainant deposited an amount of Rs.1,35,000/- (i.e. 5% of total cost of the flat) through cheque , on 1.2.2018 which was duly got encahsed form the bankers of the complainant. Opposite party No.1 allotted residential flat NO. 601, Type-D in Towers-S having carpet area of 645.840 sq. ft. and balcony area 166 sq. ft. vide allotment letter dated 03.02.2018. Opposite party No.2 was working as Manager, whereas the opposite party No.3 had been working as Senior Manager, with the opposite party No.1 and both of them were principal officers of the opposite party No.1 and were solely responsible for each and every act and conduct being done by the opposite party No.1, in all respects. After the allotment of the above said flat, the opposite parties asked the complainant to pay Rs.5,76,007.20 ps. i.e. 20% of basic sales price with 8& GST. Accordingly, the complainant deposited the said amount through cheques with the opposite party from time to time, the details of which were mentioned in the statement mentioned above. At the time of depositing the said amount, the opposite party stated that as per Govt. norms, the finalization of GST could not be decided, hence at that for the time being the complainant deposited 8% GST subject to refundable, if necessary. Later on the GST was fixed at 1% only, and as such the opposite party was to refund back 7% excess amount of GST to the complainant, but it was the opposite party who never refund back the said amount to the complainant. After due calculation the said 7% of GST amount comes to Rs.92,167.53 ps. The opposite party sent reminder-I dated 6.08.2018 to the name of the complainant, vide which they had asked the complainant to pay Rs.3,55,503.60 ps. i.e. 12.5% amount which was to be paid within 6 months from the date of allotment as per payment schedule of the opposite parties. Thereafter, from time to time the complainant deposited various amounts with the opposite party, as per payment schedule as demanded by the opposite parties from the complainant. Apart from the said amounts, the complainant made the payment of other charges GST etc. as mentioned in the payment schedule. As per mutual terms and conditions arrived at between the parties to this complaint, the opposite parties were to deliver the possession of the allotted flat to the complainant, within a period of 3 years from the date of allotment, but to the surprise of the complainant, the opposite parties had failed to deliver the possession of the allotted flat to the complainant till date. Instead it was the opposite parties Nos.2 & 3 who had misbehaved with the complainant and stated that the complainant can do as she likes.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) deliver the possession of the allotted residential flat No. 601, Type-D in Towers-S having carpet area of 645.840 sq. ft. and balcony area 166 sq. ft. to the complainant, immediately, without any delay or harassment to the complainant.
b) refund back excess payment of 7% GST amount i.e Rs.92,167.53 ps. to the complainant immediately.
c) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs.55,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the present complain was pre-mature as the time for handing over of physical possession had not yet lapsed as per the terms and conditions of Affordable Housing Policy 2013 (as amended and upto date). Opposite party No.1 had obtained the licence for the development of affordable housing colony named as “Happy Homes Exclusive” vide licence No. 29 of 2016 dated 27.12.2016 from the Director General Town and Country Planning, Haryana. The building plans for the said project were approved vide memo No. ZP-1037/SD(BS)/2017/24921 dated 03.10.2017. The opposite party had further obtained the environmental clearance for the said project vide document NO.SEIAA/HR/2018/158 dated 08.03.2018 from the State Environment Impact Assessment Authority, Haryana, Panchkula. Hence, in accordance with the terms of the Affordable Housing Policy, 2013 the opposite party No.1 was obliged to deliver the physical possession of the said affordable housing colony within a period of 4 years from the date of approved building plans and the environmental approvals whichever was later. Therefore, the opposite party No.1 was entitled to hand over the possession of the project till 07.03.2022. Opposite party No.1 had completed the construction and development works of the project in accordance with the terms of the license granted and had already applied for grant of occupation certificate vide letter dated 06.08.2021. The occupation certificate was expected to be granted by the Department of Town and Country Planning, Haryana in due course. Therefore, the present complaint had been filed pre-maturely as the period to deliver the physical possession had not yet lapsed. In view of the same, the present complaint was entitled to be dismissed in linine, The complainant had failed to execute the Flat Buyer Agreement containing the detailed terms and conditions of the allotment till dae and therefore the complainant cannot allege that there was a delay in delivering of physical possession of the allotted unit as the complainant herself had failed to execute the flat buyer agreement containing the terms and conditions governing the allotment. The complainant cannot permitted to take the advantage of her own wrongs. Opposite party No. 1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite parties Nos.2 & 3 put in appearance through counsel and filed written statement wherein Opposite parties Nos.2 & 3 refuted claim of the complainant and submitted that opposite parties Nos.2 & 3 were not the answering and proper parties as the opposite parties Nos.2 & 3 were only the employees of the opposite party No.1. Opposite parties Nos.2 & 3 carry out and perform their duties whatever was allocated to them by the Board of Directors of the opposite party No.1 company. Opposite parties Nos.2 & 3 were not principal officers and the names of opposite parties Nos.2 & 3 should be deleted from the array of the parties. Opposite parties Nos.2 & 3were not personally having any knowledge about the subject matter and there was no agreement entered between the complainant and he opposite parties by which the complainant can claim damages as alleged herein in the present complaint against the answering opposite parties. The reliefs being claimed by the complainant had been sought against the opposite party No.1 and there was no relief claimed against the opposite parties Nos.2 & 3. Hence, the names of opposite parties Nos.2 & 3 should be deleted from the array of parties in the present complaint. Opposite parties Nos. 2 & 3 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6 In this case the complaint was filed by the complainant against opposite parties– M/s. Adore Realtech Private Limited & Ors. with the prayer to: a) deliver the possession of the allotted residential flat No. 601, Type-D in Towers-S having carpet area of 645.840 sq. ft. and balcony area 166 sq. ft. to the complainant, immediately, without any delay or harassment to the complainant. b) refund back excess payment of 7% GST amount i.e Rs.92,167.53 ps. to the complainant immediately. c) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment . d) pay Rs.55,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1-A – affidavit of Sandhya Aggarwal,, Ex.C-1 – Payment Plan Affordable with receipt, Ex.C-2 – Aadhar card, Ex.C-3 – letter dated 01.05.2018,, Ex.C-4 & 5 – photographs.
On the other hand counsel for the opposite party No.1strongly agitated
and opposed. As per the evidence of the opposite party Ex.OP1/A – Affidavit of Shri Jetaish Kumar Gupta, Diector of M/s. Adore Realtech Pvt. Ltd. Having its office at 2-F-1-3, Ozone Centre, Sector-12, Faridabad, Ex.OP1/A – license No. 29 of 2016, Ex.OP1/2 – Approved Building Plans, Ex.OP1/3 – Environmental clearance dated 08.03.2018, Ex.OP1/4 – letter dated 68.2021, Ex.OP1/5 – Payment Plan Affordable with receipt,, Ex.OP1/6 – office order.
As per the evidence of opposite party No.2, Ex.OP2/ A – affidavit of Ms. Pooja, working as Manager at M/s. Adore Realtech Pvt. Ltd., having its office at 1F-22-26, Ozone Centre, sector-12, Faridabad .
As per the evidence of opposite party No.3, Ex.OP3/A – affidavit of Sunny, working as Senior Manager at M/s. Adre Realtech Pvt. Ltd. Having its office at 1F. 22-26, Ozone Centre, Sector-12, Faridabad.
7. During the course of arguments, counsel for the parties has placed on record details of charges vide Annx.X amounting to Rs.1,79,460/-
8. Shri Rohan Gupta, counsel for opposite parties Nos.1 to 3 has made a statement stated that “the company is ready & willing to handover the physical possession of flat No. S-601, Sector-86, Typed-D, Faridabad, by 16th August, 2022, subject to deposit or payment of Rs.1,80,000/- in favour of the company towards possession charges.”
On the other hand, counsel for the complainant argued at length and orally stated at Bar that no balance amount is due against the opposite parties. Complainant further argued that now location of the unit is not on the prime location and the opposite party has constructed the tower in front of the unit. The complainant is an Advocate by profession and is a single mother.
9. After going through the evidence led by the parties as well as the statement of counsel for opposite parties Nos.1 to 3, the Commission is of the opinion that the complaint is disposed off with the direction to the complainant to pay 50% of the demanded amount i.e. 1,79,460/- to the opposite parties. Details are as under:
Demanded amount : Rs.1,79,460/-
Pay the 50% of the demanded amount : Rs. 89,730/-
By the complainant.
Total : Rs.89,730/-
The complainant is directed to pay an amount of Rs.89,730/- to the opposite parties within 15 days from the date of this order and after receiving the payment from the complainant opposite parties will hand over the physical possession of flat No. S-601, Sector-86. Typed-D, Faridabad within 30 days failing which opposite parties will pay Rs.1,00,000/- (Rs. One lac only) as compensation to the complainant. There are no order as to costs.. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 05.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
