Delhi

StateCommission

CC/1843/2017

MR. VEDA NAND SHUKLA - Complainant(s)

Versus

M/S AMRAPALI LEISURE VALLEY PVT. LTD. & ANR. - Opp.Party(s)

DEEPAK TYAGI

20 Dec 2019

ORDER

 

THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                                                             Date of Decision:20.12.2019

Complaint Case No. 1843/2017

In the matter of:

Mr. Veda Nand Shukla,

S/o. Late Jagan Nath Shukla,

C-290, Vikas Puri,

New Delhi-110018

 

Versus

 

1. M/s Amrapali Leisure Valley Pvt. Ltd.,

Office of 307, 3^rd Floor,

Nipun Towers, Plot No.15

Community Center, Karkardooma,

Delhi-110092, Through its directors

 

Also at

 

    M/s Amrapali Leisure Valley Pvt. Ltd.,

    Office C-56/40, Sector-62,

    Noida, Uttar Pradesh

 

2. M/s Investors Clinic Infratech Pvt. Ltd.

Tapasya Corporate Heights,

Tower-A, Ground Floor

Sector 126, Noida UP-201303                                           ...Opposite Parties

 

                                                                   

CORAM

 

Ms. Salma Noor, Presiding Member

 

1.       Whether reporters of local newspaper be allowed to see the judgment?                        

2.       To be referred to the reporter or not?                                                

 

 

 

 

Ms. Salma Noor: Presiding Member

 

1. A complaint under Section 17 of the Consumer Protection Act, 1986 (in short the ‘Act’) is filed by the complainant wherein it is stated that OP-1 gave wide publicity through various newspapers for pre-launch of flats in its proposed project, namely, Amrapali Adarsh Awas Yojana for serving/retired government employees at GH-02, Sector-Tech Zone-IV, Greater Noida, District Gautam Budh Nagar, UP. It is stated that on 21.12.2015, officials of OPs approached the complainant and persuaded him to book a unit at Ground Floor of the said project admeasuring 2135 sq. ft. for his own use. It is stated that for the said booking, complainant paid an amount of Rs.4,00,000/- vide cheque dated 21.12.2015. The complainant also paid an amount of Rs.12,595/- on 28.12.2015. It is stated that thereafter OP-1 sent a welcome letter dated 02.02.2016 and allotted Unit No. L-G 01, Tower L, Ground Floor in the said project. However, no Flat Buyer Agreement was provided to the complainant despite request. It is stated that on 06.02.2016, OP-1 issued a demand letter under Construction Linked Plan for Rs.9,36,665/- without first signing any Flat Buyer Agreement. It is stated that after much follow up, officials of OPs came a long way preprinted and signed Flat Buyer Agreement dated 09.03.2016 and asked the complainant to sign the same at the dotted lines. It is stated that since there were uncertain terms and highly prejudicial against the interest of the complainant, the complainant did not sign the said agreement and called the OPs to change the Flat Buyer Agreement. However, OPs refused to consider any amendment. Therefore, left with no option complainant asked for return of his money. Thereafter, complainant again sought refund of the money, however, OP did not return the same. Ultimately, the complainant issued legal notice dated 30.06.2016 but all in vain.
2. Alleging deficiency in service complainant has filed the present complaint seeking direction to the OP to return an amount of Rs.4,00,000/- and Rs.12,595/- along with interest @18% and Rs.50,000/- towards mental agony and Rs.25,000/- towards cost.
3. OPs served with the notice of the complaint. Counsel for OPs had put in appearance and sought time for filing the written statement. Both the OPs did not file their written statement. Thereafter, their right to file written statement was closed vide order dated 29.01.2019. The said order has not been challenged by the OPs.
4. To succeed in the complaint, complainant has filed his own affidavit wherein the contents of the complaint case have been reiterated on oath. Complainant has proved on record copy of the brochure of the project, Ex.CW 1/1; copy of the application form, Ex.CW 1/2; copy of receipt of cheque, Ex.CW 1/3; copy of cheque for Rs.12,595/-, Ex.CW 1/4; statement of account issued by the bankers of the complainant, Ex.CW 1/5; copy of welcome letter dated 02.02.2016, Ex.CW 1/6; demand letter, Ex.CW 1/7; copy of letters dated 01.03.2016 and 04.03.2016, Ex.CW 1/8 and Ex.CW 1/9; copy of Flat Buyer Agreement dated 09.03.2016, Ex.CW 1/10; copy of reminder dated 12.04.2016, Ex.CW 1/11; copy of legal notice dated 30.06.2016, Ex.CW 1/12(Colly).
5. Evidence of the complainant has gone un-rebutted. From the un-rebutted evidence it stands proved that complainant has made the payment of Rs.4,12,595/- i.e. Ex.CW 1/3 and Ex.CW1/4. The statement issued by the banker of complainant shows that OPs have encashed the cheques given by the complainant i.e. Rs.4,00,000/- to OP-1 and Rs.12,595/- to OP-2, Ex.CW 1/5.
6. Complainant has also placed on record reminder dated 12.04.2016 issued by OP-1 wherein OP-1 has admitted the receipt of Rs.4,00,000/-.
7. I have heard the arguments of counsel for complainant and perused the material on record.
8. It is admitted position that OPs have received the amount of Rs.4,12,595/-. It is also admitted position that since the terms of the agreement were not acceptable to the complainant and request to amend the same were also made which was not accepted by the OP despite requests due to which complainant asked for refund of money paid by complainant to OPs and legal notice in this regard was also sent to the OPs which was neither replied nor complied.
9. From the un-rebutted evidence of the complainant, the payment of the amount to the OPs, deficiency in service and unfair trade practice on the part of OPs stand proved. Since the complainant is not interested in the flat allotted has sought refund of the amount. The OPs cannot be allowed to retain the hard earned money of the complainant without any reason.
10. In view of above, I accept the complaint and direct the OPs to refund an amount of Rs.4,12,595/- i.e. Rs.4,00,000/- by OP-1 and Rs.12,595/- by OP-2, both along with interest @10% p.a. from the date of deposit till realization. There is no separate order for compensation as interest has been awarded in the form of compensation.
11. A copy of this order as per the statutory requirements be forwarded to the parties free of cost. Thereafter, file be consigned to record room.

 

 

(Salma Noor)

                                                                                                Presiding Member