DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.318/2011

Sh. Anil Singh Rawat

H.No. 2/15, Block-B,

Sector-18, Rohini,

Delhi-110089                                                                 ….Complainant

Versus

M/s Buildmore India Ltd.

B1/A, Ajit Singh House,

12, DDA  Community Centre,

Yusuf Sarai, New Delhi-110049                             ….Opposite Party

                                                  Date of Institution      :  06.09.11       Date of Order    : 12.10.18    

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Briefly stated, the case of the complainant in nutshell is that  the OP had invited the people at large through electronic and print media to invest in their Integrated Township Project “Buildmore’s Classic Homes” situated at Loni Ghaziabad U.P. On seeing the same the complainant approached the OP and enquired about their project. The OP told him about the project feature and stated that all the approvals had been taken place and they will deliver the possession in two years from the date of booking. The complainant decided to book a flat and had paid Rs.2,50,000/- on 30.03.08 through cheque No.857781 and the OP had issued receipt against the same.  The complainant was in constant touch with the OP to know the status of the development of the said project. Due to inordinate delay in the project the complainant became suspicious and enquired about the said project form the Ghaziabad Development Authority (GDA) and was shocked to know that their case was pending before Hon’ble high Court against the said project. The complainant tried to enquire from the OP but they gave misleading and vague reply.  The complainant  felt cheated and decided to withdraw his money from the said project and accordingly requested the OP to refund the money. The complainant met several times with the officials of OP and sent several letters to the OP for refund of money but OP kept delaying the same on one pretext or the other.  It is submitted that OP had only refunded Rs.50,000/- on 05.08.09 through cheque No. 729744 and promised to refund the balance payment 3 months but till date OP had failed to refund the same. The complainant sent a legal notice on 11.12.10 to the OP for refund of money alongwith the interest but the OP has not replied the same. Hence pleading deficiency in service and negligence on the part of the OP, the complainant has filed the present complaint for issuing the following directions to the OP:

(a)      Direct the OP to refund Rs.2,00,000/- alongwith interest @ 24% PA till the making of the payment.

 (b)    Direct the OP to pay the compensation of Rs.2,00,000/- to the complainant  towards mental agony, mental torture, harassment, financial losses etc.

(c)      Direct the OP to pay Rs.25,000/- to the complainant  towards the litigation and miscellaneous expenses.

In the written statement the OP inter-alia has stated that it is denied that there a case is pending before the Hon’ble High Court against this project. It is submitted that the complainant who has defaulted in making the payment is resulting in loss to the OP.  It is also denied that the complainant sent the legal notice on 11.12.10 for refund of money to the OP. It is admitted that the OP has paid an amount of Rs.50,000/- to the complainant. It is denied that due to the negligence, unethical, unfair and unprofessional attitude of the OP, the complainant caused substantial financial loss. The OP has prayed for dismissal of the complainant.

Complainant has filed a rejoinder reiterating the averments made in the complaint. It is stated that the OP had submitted the booking amount for the flat without disclosing the fact about the pendency of the case against the said project before the Hon’ble High Court and had demanded further payment even before starting the construction work.  OP had not only followed the unfair trade practice  but concealment of vital facts regarding the project which amounts to deficiency in service and the OP should be held liable for the same as per the law.

Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Ms. Manmohan Kaur, Director of the OP has been filed in evidence on behalf of the OP.

Written arguments haven been filed on behalf of the parties.

We have heard the oral arguments on behalf of the complainant.  No one has appeared on behalf of the OP to advance oral arguments despite opportunity given in this behalf. We have also gone through the record.

Admitted, the complainant had booked a flat with the OP and paid Rs.2,50,000/- and the complainant  was assured that the possession of the flat will be handed over to him within 2 years from the date of booking.   When the project was not started the complainant sought the information through RTI from GDA as Annexure CW-2. The Ghaziabad Development Authority vide reply dated 03.05.2008 informed the complainant that the said project’s case is pending adjudication before the Hon’ble High Court. The complainant vide letter dated 09.06.08 requested the OP for cancellation of the booking of the flat and refund of the booking amount as Annexure CW-3.  The OP vide cheque dated 05.01.09 refunded Rs.50,000/- to the complainant  as Annexure CW-4. The complainant sent a legal notice dated 11.12.10 as Annexure CW-5.

It is not in dispute that the complainant had paid Rs.2,50,000/- for booking of the flat and the OP had returned Rs.50,000/- as part payment.  The OP had not informed the complainant  at the time booking that the case is pending before the Hon’ble High Court. Concealing of the fact before starting the booking amounts to unfair trade practice on the part of OP as it is a vital facts before starting project. The OP has befooled the public at large including the complainant   for which the OP is guilty of deficiency in service and unfair trade practice.  When the OP was not in a position to start the project the OP was duty bound to refund the full amount to the complainant alongwith interest but the OP has failed to do so.

In view of the above discussion, we allow the complaint and direct the OP to pay Rs.2,00,000/-, the balance booking amount to the complainant @ 7% interest from the date of filing of the complaint till realization within one month from the date of receipt of copy of this order and Rs.50,000/- as compensation for mental pain and agony undergone by the complainant  failing which the OP shall become liable to pay interest @ 9% per annum on the above said amount of Rs.2,00,000/- from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter files be consigned to record room.

Announced on 12.10.18.