Haryana

Gurgaon

CC/234/2010

Ashok Kumar - Complainant(s)

Versus

M/s Emaar MGF Business Park - Opp.Party(s)

05 Feb 2015

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001.

                                                                                                                                Consumer Complaint No.234 of 2010                                                                                                                                                                Date of Institution: 23.03.2010                                                                                                                                                                        Date of Decision: 05.02.2015

Ashok Kumar s/o Sh. Satya Parkash Sharma R/o P-9, South City-1, Gurgaon, Haryana.                                                                                                                                                                                                    ……Complainant.

 

                                                Versus

 

 

M/s Emaar MGF Business Park, Mehrauli Gurgaon Road, Sikanderpur Chowk, Sector 29, Gurgaon, Haryana through G.M.

 

                                                                                       ….Opposite party.

                                               

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

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.Bhisam Kumar Kalra, Adv for the complainant.

                    OP exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

              The complainant alleged that he has applied to the OP  for allotment of covered site No.EPO-03-001 in Emerald Plaza at Emerald Hills, Sector 65, Gurgaon vide his Application dated 23.11.2009 and deposited a sum of Rs.5 Lacs vide Receipt No.875734 dated 24.11.2009 (C-1). Accordingly, OP has issued a provisional allotment of EPO-03-001 in their project “Emerald Plaza” at Emerald Hills, Sector 65- Gurgaon vide their Letter dated 05.12.2009 showing total basic price of Rs.31,42,800/ inclusive of EDC and IDC (C-2) with other terms and conditions as per Schedule of Payment  with Ref No.EPO/707292-PR-010 (C-2A). He has further made the payment of Rs. 1,28,560/-  towards installment No.1 vide Receipt No.511072 dated 18.01.2010 showing Customer No.47591 (C-3). The OP, however, issued Payment Request Letter bearing Ref No.EPO/707292 dated 03.02.2010 to the complainant regarding Unit No.EPO-03-001 asking the complainant to deposit within 90 days of the booking i.e. Rs.4,17,573/- and previous balance Rs.2,06,587/- i.e. total Rs.6,24,160/- by 23.02.2010 (C-4). The complainant further paid a sum of Rs.3,14,280/- vide Receipt No.51157 dated 10.02.2010 in respect of his Unit No.EPO-03-001 (C-5). Thus, in all he has paid a total sum of Rs. 9,42,840/- within 90 days i.e. 10 % of the sale price as per Schedule. His next installment due on 25.03.2010 for a sum of Rs.3,14,280/- but before scheduled date OP vide its Letter bearing Ref No. CS/EPS/03-001 has increased installment from 3,14,280/- to Rs.4,17,573/- and shown the balance amount of Rs.7,27,453/- wrongly and against the payment schedule (C-6). The complainant also visited their office to settle the same but in vain. He also sent two letters dated 02.03.2010 and 12.03.2010 asking them either to give site according to original price mentioned in the payment schedule or cancel his booking and refund the entire amount with interest @ 18 % monthly rest with effect from the date of each deposit till realization (C-7 & C-8). The complainant further alleged that even the Agent of OP-1 got some blank printed papers and he has every apprehension that they might be misused by the OP. Thus, the complainant did not want further dealing with the OP and want to get his booking cancelled. He sought refund of his amount of Rs.9,42,840/- with Interest @ 18 % p.a. and also claimed compensation for deficiency of service Rs.50,000/- or any other relief deem fit by this Forum. The complaint is supported with an affidavit and the documents referred above.

2                 Notice of the complaint was given to the OP. However, OP failed to turn up despite service and was proceeded exparte on 14.06.2010.

3                 The complainant has not led any other evidence in support of his case.

4                 We have heard the complainant and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after going through the documents produced on record we are of the considered opinion that the complainant has booked Covered Site No.EPO-03-001 in the project of the OP namely “Emerald Plaza” at Emerald Hills, Sector 65, Gurgaon  by depositing booking amount of Rs.5 Lacs on 24.11.2009 vide Sales Order No.707292 measuring 698.4 sq.ft which was allotted to him vide their Letter dated 05.12.2009 showing amount due within 60 days  of booking Rs.6,28,560/-, less application amount already received Rs.5,00,000/- = Rs.1,28,560/- required to be paid by 24.01.2010 (C-2). The payment was to be made as per Schedule of Payment of his Unit No.EPO-03-001 vide Ref. No.EPO/10/292/-PR-010 (C-2A). OP, however, issued demand letter dated 03.02.2010 asking him to pay the amount of Rs.4,17,573/- which was required to be paid within 90 days of booking i.e. 23.02.2010 and previous balance Rs.2,06,587/-i.e. total Rs. 6,24,160/- by 23.02.2010. The complainant further alleged that it was wrong letter against the payment schedule though he has paid a sum of Rs.3, 14,280/- on 10.02.2010 vide Receipt No.511157 (C-5) which was to be paid to the OP by that time. The complainant alleged that when he sought clarification from the OP regarding this demand letter, he further received a wrong letter dated 06.03.2010 (C-6) for Rs.4,17,573/- payable within 120 days of booking  i.e. 25.03.2010 showing previous balance of Rs.3,09,880/- i.e. total Rs.7,27,453/- to be paid by 25.03.2010. He also sought clarification from his account and payment schedule vide letters dated 02.03.2010 (C-7) and dated 12.03.2010 (C-8) but the OP failed to settle his account by clarifying the payment schedule and their payment thereof. Consequently, he asked to cancel his allotment and refund of the amount vide these letters (C-7 & C-8) but of no use.

5                 Thus, OPs are deficient in providing services to the complainant. He is entitled to refund of his amount of Rs.9,42,840/- with interest @ 9 % p.a. from the date of each deposit till realization. He is also entitled to compensation of Rs.10,000/- for harassment and mental agony. He is also entitled to litigation expenses of Rs.5,000/-,

Compliance be made within 30 days.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 05.02.2015.

                                                                                                President,

                                                                             District Consumer Disputes

                                                                                                                                                                 Redressal Forum, Gurgaon

                 (Jyoti Siwach)

                       Member