Delhi

StateCommission

CC/180/2015

SH. JITENDER VED - Complainant(s)

Versus

M/S ANSAL PROPERTIES & INFRASTRUCTURE LTD. - Opp.Party(s)

09 Oct 2018

ORDER

IN THE STATE COMMISSION: DELHI

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

Complaint Case No. 180/2015

In the matter of:

Sh. Jitender Ved

S/o Sh. N K Ved

R/o B-2/40, 3^rd Floor

Janak Puri, Delhi                       …….Complainant

Versus

M/s Ansal Properties &

Infrastructure Ltd.

115, Ansal Bhawan

16, Kasturba Gandhi Marg

New Delhi-110001

Through its Managing Director  .........Opposite Party

                                                         

BEFORE:

JUSTICE VEENA BIRBAL                  -                  PRESIDENT

SALMA NOOR                                   -                  MEMBER

 

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

2.             To be referred to the reporter or not?                                                                                                    Yes

 

Dated: 09 October 2018

ORDER

Justice Veena Birbal, President

1.         A complaint under section 12 of Consumer Protection Act, 1986 (in short the “Act”) is filed by the complainant, Shri Jitender Ved wherein it is stated that complainant had booked a plot no. 0038-0-C-132 admeasuring 364 sq. mts. in Sushant City Kurukshetra with OP for a total cost of Rs. 23,39,974/- @ 6279 per sq. mtr. vide plot Buyers Agreement (in short, the “Agreement”) dated 16.09.2007. A sum of Rs. 4,13,575/- was charged from him towards EDC. It is alleged that as per schedule attached to the Agreement, the entire payment was made by complainant. It is stated that on 25.05.2011 OP had sent a final statement of account wherein OP demanded certain payments i.e. balance basic price of Rs. 4,67,996/- and Rs. 20,000/- towards M/s Star Facilities Management Ltd. Even the complainant made the aforesaid payment believing the representation of OP that the physical possession of the plot will be handed over to him soon. It is stated that in all the complainant had paid a total amount of Rs. 28,41,266/- to OP which includes basic sale price, IFMS and enhanced EDC charges by August 2011. Despite paying the aforesaid amount the possession was not handed over to the complainant. Rather for execution of sale deed vide letter dated 08.08.2012, OP had sent a demand upon complainant demanding additional amount of Rs. 6,07,304.88/- in the name of enhanced EDC charges. It is alleged that initially the agreed price was Rs. 23,39,974/- in August 2008 and suddenly the same was increased in August 2012 and thereafter payment was taken from the complainant in the name of enhanced EDC.  It is alleged that despite paying amount of Rs. 28,41,266/-, OP raised further demand upon the complainant without showing any justification. Complainant had sent a legal notice through his lawyer but no response was given. It is alleged that without resolving the issue of enhanced EDC, OP started sending letter claiming charges towards maintenance of the said plot. It is alleged that when OP had not delivered the physical possession of the plot to the complainant in that event OP was not justified in raising demands for maintenance of the plot. The complainant had again sent a legal notice dated 06.12.2013 but no response was given. It is stated that as per the Agreement dated 16.08.2007, the possession was to be handed over within 16 months of allotment as per Plan (b) of Annexure (1) and as per Plan (c) of same annexure on immediately after laying Electric Cable in front of the plot. It is stated that as on date there is no complete development at the site and OP has also not sent any letter of possession in respect of plot in question to complainant. It is alleged that OP had sent a letter dated 23.05.2014 alleging therein that possession was offered on 25.05.2011 whereas no possession as was alleged was ever offered. It is stated that despite passing of 11 years after the allotment of the plot, OP has not been able to deliver the possession as till date no completion certificate is also obtained by OP.  The complainant has made the following prayers:

“a)  To direct the Opposite Party to execute the sale deed as early as possible in favour of complainant and also directed OP to hand over the possession of the said plot No. 0038-0-C-2132 admeasuring 364 Sq.Mts in Sushant City Kurukshetra.

 

b)   To direct to pay 2% interest p.m. on the whole payment made by the complainant to the OP till the execution of the registered sale deed & also to pay Rs. 5 Lacs for the mental agony and physical harassment caused by the OP to the complainant besides money spent on various visits to the site in order to get the possession of the plot.  The complainant further prays that sum of Rs. 1 Lacs as litigation expenses be also directed to be paid to the complainant by O.P.

 

c)   That in the alternative the OP may be directed to refund the deposited amount along with 24% interest p.a. from the date of deposit to the Complainant.”

 

2.           Notice of the complaint was issued to the OP.  Counsel for the OP had appeared on 6.10.15 and was directed to file written statement within 30 days. OP did not file written statement as was directed or even thereafter. The right of the OP to file written statement was closed vide order dated 9.3.16.  The said order is not challenged by OP and as such it has become final.
3.           The complainant has filed evidence by way of his own affidavit to prove his case.  In the affidavit, complainant has reiterated the contents of complaint case on oath. Complainant has also proved on record copy of application form dated 10.8.07 as Ex-CW-1/1; copy of the Agreement dated 16.8.07 as Ex-CW-1/2 and the final statement of account sent by OP dated 25.5.11 as Ex-CW-1/3.  Complainant has stated on oath that he has made payment of Rs.28,41,266/- to the OP towards Basic Sale Price, EDC Escalation Charges, Interest Free Security Deposit and towards EDC interest.  The payment receipts are exihibited as Ex-CW-1/4 to 1/7.  Copy of demand of enhanced EDC dated 8.8.12 is Ex-CW-1/8.  Copy of legal notice dated 14.9.12 along with postal receipts is exhibited as Ex-CW-1/9 (Colly).  Another reminder notice along with postal receipt dated 8.3.13 has been proved on record as Ex-1/10 (Colly); maintenance demand dated 14.10.13 sent by OP is Ex-CW-1/11 and the postal receipts are Ex-CW-1/12 (Colly); copy of letter dated 23.5.14 received from OP is Ex-CW-1/13; copy of letter dated 20.9.14 written to OP is Ex-CW-1/14; copy of RTI application dated 2.4.16 and e-mail dated 23.5.16 written by complainant to PIO, DTP (NCR), Office of CCP, NCR, Haryana Huda Complex, Sector-6, Panchkula for knowing the date of obtaining the completion certificate by the OP are exhibited as Ex-CW-1/15 (Colly) and response received from the aforesaid authorities wherein it is stated that no completion certificate is issued in the name of OP and the said letter is exhibited as Ex-CW-1/16.
4.          OP did not even file the written arguments despite opportunity given.
5.          We have heard Ld. Counsel for the complainant and gone through the material on record. It may be mentioned that nobody appeared on behalf of OP at the time of arguments also.
6.           The evidence of complainant has gone unrebutted and unchallenged. From the unrebutted evidence, it stands established that complainant had booked a plot with OP and plot  No.0038-0-C-132 admeasuring 364 sq.mts @ 6279 per sq mts was allotted to him in Sushant City Kurukshetra vide Agreement dated 16.8.07, Ex-CW-1/2.  As per aforesaid Agreement, complainant had made a payment of Rs.4,13,575/- towards EDC charges.  The statement of account of OP dated 25.5.10, Ex-CW-1/3 shows that OP has received from the complainant a sum of Rs.28,41,266/- in the year 2011.
7.         Affidavit of the complainant establishes the details of payments having been made by the complainant to OP vide the receipts which are Ex-CW-1/4, Ex-CW-1/5, Ex-CW-1/7 respectively.  The evidence on record establishes that despite making the complete payment, OP again raised a demand of Rs.6,07,304.88 vide letter dated 8.8.12, Ex-CW-1/8.  Complainant has proved on record legal notice sent by him to OP i.e. Ex-CW-1/9 (Colly) and reminder dated 8.3.13, Ex-CW-1/10 (Colly).  OP has also raised a maintenance demand on complainant which is Ex-1/11.  Again copy of notice dated 6.12.13 along with speed post receipts are Ex-CW-1/12 (Colly).  The complainant has also stated that the possession of the plot has not been offered to him.  Complainant has proved on record his RTI application, Ex-CW-1/15 (Colly) and in respect of that a reply has been received which is Ex-CW-1/16 as per which no completion certificate has been issued in respect of the project in question to the OP.  The evidence on record establishes that OP has failed to hand over the possession of the plot to the complainant.  A period of 11 years has already elapsed.  The deficiency in service on the part of OP is established.  The complainant has deposed that he is not interested in the plot in question and wants refund of money along with interest @ 24% p.a.
8.         In view of the above discussion, complaint is allowed with the following directions to OP:

1. OP shall refund the entire amount of Rs.28,41,266/- to the complainant within 8 weeks from today along with compensation of simple interest @ 10% per annum from the date of each payment till realization of the amount.
2. OP shall also pay Rs.10,000/- as cost of litigation.

9.         A copy of this order as per statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to record room.

 

 

(Justice Veena Birbal)

• President

 

 

(Salma Noor)

                                                                                                                                                                                                             Member