Delhi

North East

CC/332/2011

SHRI PRAMOD GUPTA - Complainant(s)

Versus

M/S ALLIANCE NIRMAAN LTD. - Opp.Party(s)

27 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No 332/2011

 

In the matter of:

 

1       2	Shri Pramod Gupta S/o Sh Harish Chand 41, Shree Ram Palace, Gate No. 2 Delhi Road, Meerut, Uttar Pradesh   Sh. Rajeev Mittal S/o Sh J.P. Mittal D-43, Samtrat Palace, Garh Road, Meerut, Uttar Pradesh
		Complainant
	Versus
	M/s Alliance Nirmaan Ltd. 513-516, 5th Floor, Narain Manjil, Barakhamba Road, New Delhi-110001
		Opposite Party
Order

 

	DATE OF INSTITUTION:	13.10.2011
	DATE OF DECISION      :	27.02.2017

N.K. Sharma, President

 

1. As per complaint, complainants are two out of the four holders of original booking in OP’s project, by the name – “Cedar Highs Premium”, in Rudrapur, Uttrakhand. Booking took place in the month of Sep. 2006. These four persons namely Shri Yogesh Kumar Chanda and Shri Sanjay Kumar Garg alongwith complainant booked plots in the above project by paying an advance of Rs. 2.25 lacs, 2.25 lacs, 2.00 lacs and Rs. 2.25 lacs respectively. Cost of each plot was Rs. 990,000/- (Rupees Nine Lacs Ninety Thousand only). In the month of September 2007, OP advertised another project by the name Cedar Highs Classic in Rudrapur itself.  In this project OP offered two Bedroom flat for Rs. 10.25 lacs with guaranteed possession within 15 months. OP also offered a facility of transfer / conversion of the booking for the persons who had already booked plot in its of earlier project the “Cedar High Premium”. For this project upfront payment of Rs. 22,500/- was required. This new project had three options for payment; Plan-A : Down payment; Plan-B : Time Linked and Plan-C : Construction Linked. For those choosing Plan-A an additional benefit of 10% annual refund bonus was also offered by the OP. Earlier project, being slow Complainant was not satisfied, while new project offered guaranteed possession within 15 months. Therefore, all the four persons (including complainant) who booked plots in previous project jointly applied for transfer of their booking from Cedar High Premium to Cedar High Classic. As per requirement of new offer each of them paid Rs. 22,500/- to OP except one Mr. Yogesh Kumar Garg who paid Rs. 47,500/- as the amount already paid by him in previous booking was only 2,00,000/- while other had already paid Rs. 2,25,000/- each. In this manner all the four paid Rs. 2,47,500/- each.
2. Thereafter, all the four persons, with mutual understanding and prior permission of OP, agreed to transfer their respective shares into one joint booking by the name Pramod Gupta & Rajiv Mittal- the complainants. This transfer was duly ratified and effectuate by OP by issuing four receipts of Rs. 22,500/-, 22,500/-, 47,500/- & Rs. 22,500/- in favour of this single joint account. On 18.09.2007 OP issued adjustment Memo also. By virtue of which amounts of Rs. 2,25,000/- each from the individual accounts of, Rajiv Kumar, Pramod Kumar and Sanjay Kumar Garg and of, Rs. 2,00,000/- from Yogesh Kumar Chanda stood, transferred into single joint account of complainants against the booking of one flat in the present project of OP. In this manner against one flat OP received Rs. 9,90,000/- from the complainants. 03.12.2008 was the deadline for guaranteed possession of flat within 15 months. When OP failed to provide possession of the flat within guaranteed period of 15 months complainants approached the OP requiring status of handing over the possession of the flat but with no response. However complainants, on 15.03.2010, received an allotment letter showing allotment of Flat No. B-302, 3^rd floor to the complainants by the OP. But the progress in project was not at all satisfactory, not only at the time of allotment but also till filing of this complaint. Even after waiting for three years when, on 05.09.2011, complainant visited the site of project he was not satisfied with the construction work. Though as per scheme OP paid Rs. 1,00,000/- by way of two cheques of Rs. 50,000/- each being 10% of the annual refund bonus but nothing was paid thereafter. Finding no progress in construction work of project and no concern from the side of OP, as per advice of OP, complainant requested for cancellation of the booking requiring to refund the booking amount. But till date OP had not returned the booking amount being Rs. 8,90,000/- after deducting 1,00,000/- received as bonus, out of Rs. 9,90,000/- paid.
3. Pleading unfair trade practice and deficiency in services, complainants have prayed for refund of Rs. 8,90,000/- p.a. with 18% interest from OP. Complainants have also prayed for compensation of Rs. 5,00,000/- and litigation cost of Rs. 1,00,000/-.
4. Notice sent to OP couldn’t be served at its given address for the reason that as per report of post office “OP had left the place without leaving fresh address” and after much efforts OP was served at it’s Udham Singh Nagar address on 11.11.2014 but even after service  nobody appeared and contested the complaint, on behalf of OP despite two opportunities on 19.11.2014 & 17.12.2014. Finding no way out on 17.12.2014 OP was proceeded against Ex parte. Complainant filed their Ex parte evidence by way of affidavit alongwith all documents.
5. Heard and perused the records.
6. Annexure A1 is the brochure of Cedar High Classic, Rudrapur, the later project, offered by OP. This brochure specifically mentions that possession of the Flat in this project is guaranteed within 15 months. Annexure A2 is the application dated 03.09.2007 moved by complainants to transfer the booking amount paid by them, from Cedar Highs Premium to Cedar Highs Classic. Annexure A3, A4, A5 & A6 are the receipts issued by OP in favour of complainants on 14.09.2017 for the amounts of Rs. 22,500/, 22,500/-, 47,500/- & 22,500/- respectively. Annexure A7 & A8 are adjustment memos issued by the OP adjusting Rs. 2,25,000/- each from the accounts of Rajiv Kumar and Pramod Kumar Gupta in favour of complainants. Annexure A9 shows adjustment of Rs. 2,00,000/- received from Shri Yogesh Kumar Chanda in favour of complainants and Annexure A10 shows adjustment adjusting amount of Rs. 2.26 lacs received from Shri Sanjay Kumar Garg in favour of complainant. Annexure 11 is the allotment certificate issued by OP showing allotment of Flat No. B-302 in Cedar Highs Classic, Rudrapur in joint name of Shri Pramod Gupta & Rajiv Mittal – the complainant. This certificate has issued on 15.03.2010.
7. In the facts and circumstances of case discussed above, complainant has categorically proved his case of booking of Flat No. B-302 in the project of OP namely Cedar Highs Classic at Rudrapur and payment of Rs. 9,90,000/-. Regarding payment of Bonus of Rs. 1,00,000/- by OP to complainants though we found no document in support but it is an admitted case by the complainants himself. Thus, complainant has established his case that OPs are not only deficient in service for providing possession of the flat in question but also that it has not refunded the booking amount received. On the other hand OP despite service chose not to contest the complaint and controvert the evidence filed by the complainants, by not appearing before this Forum. Thus case of the complainant stands proved. Therefore, holding guilty to the OP for adopting unfair trade practice and deficiency in service, we direct it to pay to complainant an amount of Rs. 8,90,000/- with interest therein from the date of its final payment i.e. 18.09.2007 @ 10% p.a. and compensation of Rs. 50,000/- for harassment with Rs. 5,500/- litigation cost to the complainants.
8. All these amounts shall be paid by OP within 30 days from the receipt of copy of this order failing which rate of interest on Rs. 8,90,000/- shall be charged @18% p.a.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
10. File be consigned to record room.
11. Announced on: - 27-02-2017

 

(N.K.Sharma) President

(Nishat Ahmad Alvi) Member