Haryana

Bhiwani

CC/5/2022

Rakesh Kumar - Complainant(s)

Versus

M/s Caenation - Opp.Party(s)

Ompal Singh Potlia

10 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.       05 of 2022

                                    DATE OF INSTITUTION:                  07.01.2022

                                                DATE OF ORDER:                             10.01.2024

 

Rakesh Kumar son of Sh. Inder Singh R/o H.No.751/1, Bharat Nagar, Bhiwani, Tehsil and District Bhiwani.

            ……Complainant.

 

Versus

 

Manager, M/s Carnation Developers Pvt. Ltd., Main Alwar Road, Tapukara, Tehsil Tijara, Bhiwadi (Rajasthan),

 

2^nd Address: 424-425, 4^th Floor, Suncity Success Tower, Sector-65, Gurugram, Haryana-122005.

 

 ….. Opposite Party.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-        Sh. Kuldeep Legha, Advocate for complainant.

          Sh. Vikas Kumar, Advocate for OP.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this case are that in the month of September 2012, OP invited applications for flats at Bhiwadi, District Alwar (Rajasthan).  Complainant applied for a flat and he was allotted number A-1/912 under Customer ID No.KCH-555. Complainant deposited Rs.1,38,556/- vide cheque no.366288 and also deposited installments and thus deposited a total amount of Rs.2,80,404/- with the OP. It is alleged that construction was not started by the OP and on visiting the site, it known to complainant that  that layout map has not been approved of the flats there is no possibility of construction in near future. So, complainant purchased a flat at Bahadurgarh, District Jhajjar. As per complainant, he cancelled the agreement and demanded his deposited amounts alongwith interest, but the amount was not released. Legal notice dated 05.03.2021 was sent to the OP but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service  on the part of OP.  In the end, prayer has been made to direct the OP to pay Rs.2,80,404/- alongwith interest @ 24% per annum and Rs.50,000/- towards litigation charges. Any other relief, to which this Commission deems fit has also been sought by complainant.

2.                     Upon notice, OP appeared and filed written statement raising preliminary objections qua jurisdiction and concealment of true facts. On merits, it has been admitted that complainant has made a total payment of Rs.2,80,404/- till 18.07.2014, out of total cost of flat as Rs.13,60,000/-, towards the cost of flat and thereafter no payment has been made despite raising several demands by OP. It has added that the project of OP is complete in all respects and Completion Certificate from Shilpkaar Architects dated 25.12.2019, certifies that  the building in which the complainant booked the flat is complete in all respects and as epr the approved layout plan of UIT Bhiwadi. However, the complainant seeking refund of the amount as he has purchased the alleged flat at Bahadurgarh. As such, the OP cancelled the booking of complainant and forfeited the amount paid by complainant.  It is alleged that complainant is liable to pay Rs.5,58,163 to the OP in lieu of cancellation charges, interest on overdue charges and service tax debited etc. In the end, OP has denied any deficiency in service on their part and prayed for dismissal of the complaint with costs.

3.                     In evidence of complainant, affidavit Ex. CW1/A of complainant alongwith documents Annexure C-1 to Annexure C-4  were tendered and closed the evidence.

4.                     In evidence of OP, affidavit Ex. RW1/A of Mr. Vijay Pal Singh alongwith documents Ex. R-1 to Ex.R-10  were tendered and closed the evidence.

 

4.                     We have heave heard learned counsel for the parties and gone through the record carefully.

5.                     It is admitted by the OP in its pleadings that Rs.2,80,404/- was deposited by complainant with it for the alleged flat. Record reveals that complainant applied for the said Flat on 16.09.2012 by paying a sum of Rs.1,38,656/- to the OP, as per Annexure C-2.  Learned counsel for complainant has argued that the flats were not ready to live, despite lapse of a long period of about 8-9 years till issuance of legal notice to OP and thereafter also, so, complainant is seeking return of his deposited amount.

6.                     On the other side, learned counsel for OP has argued that it was always ready to offer possession of the flat to the complainant on its completion but it was the complainant who did not deposit further cost/installment of the flat despite various letter and requests. The counsel has drawn our attention towards completion certification Ex. R-10. 

7.                     From the above, it has come out that the flats were completed in the December 2019 i.e. after a long period of seven years since depositing of booking amount by complainant. Therefore, complainant has to purchase another flat allegedly at Bahadurgarh. OP has not pointed out at any stage of proceedings that completion of the flats were within a time frame under their agreement or otherwise. Therefore, in our view, the complainant has waited sufficiently but the OP could not offer possession of the flat. Accordingly, the OP was negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation.  So, complainant must have suffered monetary loss as well as mental agony and physical harassment.  As such, the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.2,80,404/- (Rs.Two lac eighty thousand four hundred four) to the complainant alongwith simple interest @ 9% per annum from the date of deposit of the amount till its actual realization.

(ii)       To pay a sum of Rs.10,000/- (Ten thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.   

Announced.

Dated:10.01.2024.

 

(Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani