DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                        Consumer Complaint No: 592 of 2011                                                                                                                                                     Date of Institution: 02.11.2011                                                                                                                                                                                 Date of Decision: 01.02.2016.

Capt. Ravi Parkash s/o Sh. Daya Ram, B-61, Acharya Niwas, K.V.No.1- Campus, Navy Nagar, Colaba, Mumbai.

Renu Gupta w/o Capt. Ravi Parkash s/o Sh. Daya Ram, B-61, Acharya Niwas, K.V.No.1-Campus, Navy Nagar, Colaba, Mumbai

                                                                                        ……Complainants.

                                                Versus

M/s B.P.T.P.Ltd, M-11, Middle Circle, Connaught Circus, New Delhi-01 through its Managing Director/General Manager.

                                                                              ..Opposite party

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

Present:        Shri R.R.Bhardwaj, Adv for the complainants.

                    Shri R.N.Yadav, Adv for the opposite party.

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainants, in brief, is that complainant No.1 booked a flat under the scheme/project of the OP “Park Serene” bearing No. J-1502, customer Code No.BE-41/108177 along his wife complainant No.2. The complainant had paid a sum of Rs. 1 Lac as booking amount on 18.08.2008 and Rs.4,40,488/-towards first installment on 04.10.2008. Dissatisfied with the progress of the project the complainant sent a letter dated 04.09.2009 that he did not want to continue with the project of the OP but later due to negotiation with the OP the complainant gave consent to continue with the present project and the OP continued to send regular demand notices and the last notice was dated 04.12.2010. However, due to multiple requirements of the bank’s loan sanction was getting delayed. Finally, the Bank sanctioned loan of Rs. 25 Lacs as loan vide their reference No.777-8604596 dated 29.01.2011 in favour of the complainants and the same was forwarded to opposite party on 02.02.2011 with a request to extend the payment date but the opposite party showed their inability and vide their letter dated 03.01.2011 the opposite party has wrongly and illegally terminated /cancelled the allotment of Flat No. J-1502 in Group Housing Project “Park Serene” Sector 37-D, Gurgaon. It was further alleged that opposite party has failed to complete the project in the stipulated period. Thus, the cancellation of allotment of the flat in question was wrong and illegal and thus, the opposite party was deficient in providing services to the complainant. The complainants prayed that the opposite party be directed to withdraw the cancellation letter dated 03.01.2011 and to hand over the possession of the flat on deposit of balance amount. They have also claimed compensation of Rs. 1 Lac for the harassment and mental agony caused to them. The complaint is supported with an affidavit of complainant No.1 and the documents placed on file.

2                 Opposite party in its written reply has alleged that complainants failed to discharge the obligation of making the timely payments as undertaken by them vide booking application and thus, are guilty of breach of the fundamental terms of the booking/allotment. The complainants have no locus standi to file the present complaint as the unit allotted to the complainant had already been terminated w.e.f. 16.12.2010 vide letter dated 03.01.2011 on account of their persistent failure to clear and pay the installments within the stipulated time period as fallen due against the said allotment despite the receipt of the various demand letters, reminders and opportunities granted to them by the OP vide letter dated 01.05.2009, 01.02.2010, 01.04.2010, 20.05.2010, 22.07.2001 and Final opportunity letter dated 02.11.2010 and 30.11.2010. However, the earnest money stands forfeited by the OP and thus,  there was no deficiency in service on the part of the opposite parties.

3                 We have heard the learned counsel for the parties and have perused the record available on file carefully.

4                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainants have filed the present complaint against the OPs alleging deficiency in service on their part on the ground that they were allotted Flat No.J-1502 in the project of the OP “Park Serene” Sector-37 D, Gurgaon and they have paid Rs. 1 Lac as booking amount  on 18.08.2008 and Rs.4,40,488/- towards first installment on  04.10.2008. Learned counsel for the complainants has contended that since the sanction of the loan was delayed by the bank, therefore, they could not make the payment of installments and sought extension of time but the opposite party has wrongly and illegally cancelled the flat in question without affording any opportunity to them. However, the project was also not completed in time as per the stipulations of the agreement and as such there was deficiency in service on the part of the opposite party.

5                 However, as per the contention of the opposite party, the complainants failed to discharge the obligation of making the timely payments as undertaken by them vide application for allotment dated  17.08.2008  and the unit allotted to the complainant had already been terminated w.e.f. 16.12.2010 on account of their persistent failure to clear and pay the installments within the stipulated time period as fallen due against the said installments despite the receipt of various demand letters, reminders and opportunities granted to him by the OP vide letters dated 01.05.2009, 01.02.2010, 01.04.2010, 20.05.2010, 22.07.2001 and Final opportunity letter dated 02.11.2010 and 30.11.2010.

6                 Therefore, keeping in view the facts and circumstances of the case and the evidence placed on file, it is evident that complainants themselves failed to adhere to the financial discipline of the opposite party in terms of the booking application. At the same time the opposite party also failed to complete the project within the stipulated period and as such the both the parties are at fault. Thus, keeping in view the facts and circumstances of the case and to meet the ends of justice, we direct the opposite party to refund the amount deposited by the complainants with the OP along with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 02.11.2011 till realization.  The complainants are also entitled to litigation expenses to the tune of Rs.3,000/-. Opposite party shall make the compliance of the order within 30 days from the receipt of the copy of the order. Accordingly, the complaint stands disposed off.  The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

Announced                                                                                                                          (Subhash Goyal)

01.02.2016                                                                                                                               President,

                                                                                                                                         District Consumer Disputes

                                                                                                                                          Redressal Forum, Gurgaon

(Jyoti Siwach)        (Surender Singh Balyan)

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