Delhi

North East

CC/134/2022

Ashish Aggarwal - Complainant(s)

Versus

M/s Andromida Real Estate Consortium Pvt. Ltd. - Opp.Party(s)

29 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No.134/22

 

In the matter of:

 

	Ashish Singh S/o Lt. Sh. Mahendra Singh, R/o Apartment No. B-002, Ground Floor, Tower B, Andromida Planet One Plot No. GH-7, Koyal Enclave Ghaziabad	Complainant
	Versus
	M/s Andromida Real Estate Consortium Pvt. Ltd., Through its Director Having Registered office at: E-90, KH-24/2, 18 Main Pusta Road, West Karawal Nagar, Delhi 110094 Also At: A-90, Nathu Colony, Shahdara East Delhi, Delhi 110093 Also At: GH-7, Koyal Enclave, Opposite Avas-Vikas land, DLF Bhopura Mor, Ghaziabad, U.P	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

27.05.2022 07.07.2023 29.08.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

                                                                 ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that in the month of June 2018, Complainant contacted the Opposite Party for buying an flat in Delhi/NCR within the price range of around Rs. 40 lacs. Opposite Party apprised the Complainant about its project at Bhopura in the name of “Planet One”. On 29.06.2018, Complainant booked a flat bearing unit No. B-002 at Ground Floor, in Tower B for a sum of Rs. 39,07,680/- which was to be payable at different stage as per schedule as decided by Opposite Party. Complainant had to pay a sum of Rs. 3,90,768/- to the Opposite Party as booking amount as part of the total price of the flat. Complainant had made all the payments, demanded by the Opposite Party within the stipulated time as mentioned in the payment plan made by the Opposite Party. It is further stated that Opposite Party told to the Complainant that delivery of the possession of the said flat should be made by the month of June 2019 but when the Complainant went the office of Opposite Party in the month of June 2019 for the execution of the document and delivery of the possession of the said flat, the Opposite Party could not give any justification for not providing the documents and delivery of possession of the said flat in June 2019. It is further stated that according to the agreement if the Opposite Party would not deliver the possession and execute the requisite document of the said flat within the stipulated time then the Opposite Party would be liable to pay the damages as compensation to the Complainant within 45 days after the due date of delivery of possession.  It is further stated that Complainant again went to the office of Opposite Party in the month of August 2019 and asked for the delivery of the possession of the apartment but Opposite Party again denied for the delivery of the possession. Then the Complainant asked to Opposite Party for the payment of damages as mentioned in the agreement made by Opposite Party but Opposite Party did not give any heed on this and Complainant had to continue the rental accommodation with the monthly rent for Rs. 26,000/-. It is submitted by the Complainant that Opposite Party was agreed and assured that the possession of the flat should be handed over within the period of 12 months from the date of agreement to sell was made between the parties that was June 2019. It is further stated that the Opposite Party handed over the possession of the apartment in the month of November 2020 without completion the construction of the building and without furnishing the apartment. Complainant booked the flat with the Opposite Party with the right of separate one car parking in the agreement but the Opposite Party have not allotted car parking till date.  Complainant stated that the Opposite Party did not install the proper electricity connection till date but the Opposite Party charging the Complainant for the electricity which was being provided by the Opposite Party at the commercial rate of electricity without any authority. Complainant further stated that the Opposite Party also had not provided the proper water connection and the Complainant is bound to take water by tanker. Complainant further stated that the Opposite Party got registered the document in the name of the Complainant in the month of 08^th December 2021 without getting the land freehold by the GDA. Complainant has prayed to direct the Opposite Party to pay Rs. 4,68,000/- as the rent amount paid by the Complainant due to failure of the delivery of possession by the Opposite Party, Rs. 4,00,000/- on account of mental harassment and Rs. 1,00,000/- on account of litigation expenses.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 21.02.2023.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay an amount of Rs. 4,68,000/- on account of not providing the  possession on time and electricity connection along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 50,000/- on account of mental harassment and Rs. 10,000/- on account of litigation expenses along with interest   @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 29.08.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Adarsh Nain)   Member

(Surinder Kumar Sharma) President