Delhi

North East

CC/77/2014

Sh. Ajit Singh Tanwar - Complainant(s)

Versus

M/s Dreamland Promotors & con. Ltd. - Opp.Party(s)

14 Oct 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 77/14

 

In the matter of:

 

	Shri Ajit Singh Tanwar S/o Shri Deshraj Tanwar 65-B, Village-Asola, Dal Mill Gali Fatehpur Beri, New Delhi-110074	Complainant
	Versus
	M/s Dreamland Promotors & Consultants Pvt. Ltd. (Through its Director) S-456, Basement Greater Kailash Part-II South Delhi-110048.	Opposite Party

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:               DATE OF DECISION:

03.03.2014 14.10.2019 14.10.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The facts in brief made out in the present complaint are that the complainant had booked a 200 sq. yd residential plot with OP in its “Golf View City” project at Hapur, Uttar Pradesh, in February 2007 on payment of Rs. 2,00,000/- as booking amount vide cheque no. 809345 dated 06.02.2007 drawn on Syndicate Bank on assurance given by OP that the said project would be completed and possession handed over in one year’s time. Thereafter complainant paid Rs. 2,00,000/- vide cheque no. 966067 drawn on PNB dated 15.05.2007, Rs. 1,00,000/- vide cheque no. 217337 drawn on PNB dated 21.04.2011 and Rs. 2,66,800/- vide DD issued from PNB dated 26.04.2011 to OP. Therefore complainant paid a total sum of Rs. 7,66,800/- to OP between 2007 to 2011 duly acknowledged receipt by OP vide receipt no. 2251 dated 17.02.2007 and receipt no. 643 dated 17.09.2007. But OP never provided any ownership or license / clearance related documents to the complainant despite being asked for. OP issued a letter dated 30.07.2007 apprising the complainant of assignment of plot no. B-153 admeasuring  200 sq. yd. to him but there was no demarcation of plots on the project site when the complainant visited the site in 2008 & 2009 on asking for explanation for the same, the officials of OP told him that the matter for obtaining necessary government approval / NOC was pending causing delay in the project. In 2010-11, the OP kept repeating the same excuse but with assurance to complete the project and handover possession by March 2011 but failed to do so. Instead OP issued another allotment letter no. DL/HP-643 dated 21.04.2011 arbitrarily changing the previous allotment from B-153 TO B-26 and decreasing the plot area from 200 sq. yd. to 142 sq. yd. whereas the complainant had already paid Rs. 7,66,800/- to OP for 200  sq. yd. plot. In pursuance to the said allotment letter OP executed a registered sale deed with complainant dated 30.04.2011 for the altered / reduced plot for the value of                       Rs. 4,40,000/- with the assurance at the time of execution of said deed that the excess money of Rs. 3,26,800/- shall be refunded to the complainant in the next one month. The OP merely granted symbolic possession of the said plot to the complainant and assured him that physical / actual possession would be delivered on the following day but never did so. Since the execution of sale deed, the complainant has been visiting the OP office requesting of handing over actual possession and to refund the excess amount of Rs. 3,26,800/- with interest but OP has been delaying the same which act is unfair trade practice and against principles of natural justice. Therefore, the complainant being aggrieved at gross malpractice and deficiency of service on the part of OP for having failed to handover physical possession of the plot and refund surplus money was constrained to file  the present complaint before this Forum praying for issuance of direction against the OP to either direct the OP to refund the excess of Rs 3,26,800/-alongwith interest @ 12% from the date of deposit till realization to handover physical possession of the plot B-26 with all promise facilities and in case of failure to handover possession, refund the entire amount of Rs. 7,66,800/- alongwith @ 24% interest from the date of deposit till actual payment. Complainant also prayed for compensation of Rs. 2,00,000/- towards harassment and mental agony and Rs. 50,000/- towards cost of litigation.
2. Complainant has attached copy of receipt no. 2251 dated 17.02.2007 issued by OP acknowledging payment of Rs. 2,00,000/- made by complainant to OP as booking amount for the project on 06.02.2007, copy of cheque no. 966067 drawn on PNB dated 15.05.2007 for Rs. 2,00,000/- towards first installment  Rs. 1,00,000/- vide cheque no. 217337 drawn on PNB dated 21.04.2011, Rs. 2,66,800/- vide DD issued from PNB dated 26.04.2011 to OP, copy of allotment letter dated 30.07.2007 issued by complainant to OP allotting him plot no. B-153 measuring 200 sq. yd., copy of email dated 26.09.2009 and letter dated 29.09.2009 from complainant to OP inquiring about possession of the plot and time line for possession thereof and copy of registered sale deed dated 30.04.2011 entered into between parties with respect to plot no. B-26 admeasuring 142 sq. yd. valued at Rs. 4,40,000/-.
3. Notice was issued to the OPs on 11.03.2014 which was returned unreserved with postal remark “LEFT” and therefore fresh notice was issued on fresh address of OPs on 26.09.2014 but the same also could not be delivered as were returned unserved with postal remark “No Such Office”. Complainant again filed fresh address of OP which on dispatch of notice was returned unserved in August 2015 with postal remark “Left without address” and No Such Company. Fresh address was again filed by complainant from ROC record in 2016 which were served on OP on 29.08.2016 but none appeared on their behalf and were therefore proceed against ex-parte vide order dated 19.10.2016.
4. Complainant filed ex-parte evidence by way of affidavit and written arguments in reassertion / reiteration of his grievance against the OPs. On directions issued by this Forum in hearing held on 25.10.2018 for filing affidavit to the effect that OP has merely given symbolic possession of plot B-26 to the complainant in the said project, entitling complainant to seek refund of the excess amount, complainant filed affidavit to the effect that in pursuance to the sale deed with regard to the said plot admeasuring to 142 sq. yd. amounting to Rs. 4,40,000/-, OP had already taken Rs. 7,66,800/- from the complainant against B-153 200 sq. yd. plot which was never allotted to him and therefore he was seeking refund of excess amount or in the alternate the refund of the entire amount Rs 7,66,800/- with 24% interest since OP failed  to hand over physical possession of the said plot to him.
5. We have heard the arguments addressed by the counsel for complainant and given our anxious consideration to the documentary evidence placed on record.

The OP failed to appear and / or rebut the allegations leveled against it by the complainant for having altered the plot size and failed to handover the physical possession and also to refund the surplus amount which it is in possession of accruing to the complainant. By documentary evidence, complainant has successfully established and supported his averments and case against OP of having initially allotted a 200 sq. yd. plot to him in 2007 bearing no. B-153 against which complainant paid Rs. 7,66,800/- between 2007-2011 but with a malafide intent and in act of unfair trade practice, issued another allotment letter in April 2011 with respect to B-23 with the reduced area of 142 sq. yd. of value of Rs. 4,40,000/- in respect of which complainant was made to enter into a sale deed but neither was the refund of surplus / excess amount given to him nor was the physical possession of the said plot (B-23) given by OP.

6. We therefore find OP guilty of deficiency of service and unfair trade practice and allow the present complaint against it with directions to OP to handover physical possession of plot no. B-26 with promise facilities alongwith refund of the excess amount of Rs. 3,26,800/- with interest @ 6% from the date of filing of the complaint till realization to the complainant. We further direct to the OP to pay a sum of Rs. 15,000/- as compensation for mental harassment and agony and Rs. 10,000/- towards cost of litigation to the complainant.  Let the order be complied within 30 days by OP from the date of receipt of copy of this order.
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.  File be consigned to record room.
9.  Announced on 14.10.2019

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member