Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 597

                                                                   Instituted on     : 08.10.2021

                                                                   Decided on       : 29.03.2024

Mrs. Babita, age 49 years wife of Late Sh. Naresh Kumar resident of H.No.1990, Sector-3 (Part 2-3), Rohtak.

                                                                   ……….………….Complainant.

                                      Vs.

M/s Green Space Infraheight Private Limited, Shree Vardhman (Group), Registered Office 306, 3rd Floor, Indraprakash Building, 21-Barakhamba Road, NewDelhi-01.

                                                         ...........……Respondent/opposite party.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER

Present:       Sh.Hans Raj Vats, Advocate for the complainant.

                   Sh.Rajesh Sharma, Advocate for the opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case as per the complainant are that she booked a flat in Group Housing Project of Panchkula, a Green Space Infraheight Private Limited  of the opposite party by depositing of Rs.1,01,131/- (Rupees one lac one thousand one hundred thirty one only) on 29.05.2015.

The payment schedule was as under:

The project was to be completed up to September, 2018 and thereafter the possession was to be given to the customers but the project has not been  completed as per time schedule and much time is required for completion of the project. In this way the money of the complainant has been blocked and complainant is bearing interest on the money deposited with the respondent. The respondent did not give possession to the complainant in time despite oral as well as written requests of the complainant. The  complainant got served a legal notice dated 04.08.2021 on the opposite party through his counsel but to no effect.The act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the payment of Rs.17,82,565/- made up to 12.09.2018+ interest @ 18% or the possession of plot be given with interest @ 18% for delayed period of 3 years within a month,  to pay a sum of Rs.50,000/ as compensation on account of  mental agony, harassment and financial loss suffered by the complainant and also to pay Rs.55,000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party.  Opposite party in its reply has submitted that the said project was an affordable housing project under Affordable Housing Policy, 2013 of the Government of Haryana.. The complainant submitted an application to the respondent for booking/allotment of a Flat No. F-0301 in Block /Tower-Fhaving built up area of 478 square feet and balcony area of 100 square feet along with one open parking space for two-wheeler in the said scheme/colony. The application No. 158 dated 31.05.2015 was signed and submitted by the complainant. The Application form also contained the payment plan in accordance to which the complainant was to make the due installments as specified.The complainant was one of the successful applicants in the draw and she had been allotted a Flat No. 1101 on 11th Floor in Tower-F. It is further submitted that as per clause 8 (a) of the Agreement the date of delivery of possession is tentative and subject to force majeure clause/circumstance, which was in the knowledge of the complainant. That due to the emergence of Covid-19 pandemic, the real estate sector and construction of the projects got seriously hampered. The complainant was not making timely payment of the instalments and had breached the terms and condition of making the payment on time.As per agreement, the respondent was to start the construction of the project from the date of environmental clearances which was granted on 15.03.2016. As per clause 8(a) of the agreement, subject to the force majure circumstances, intervention of statutory authorities etc. the respondent was tooffer the possession of the flat within 4 years from the date of approval of a building plan or grant of environmental clearance, whichever is later. But due toemergence situation of Covid-19 pandemic, opposite party could not made the construction at site for a considerable period of time. Hence there is no deficiency in service on the part of opposite party and opposite party prayed for dismissal of complaint with costs.

3.                Ld. counsel for complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C11and closed his evidence on dated 17.11.2022. Ld. Counsel for opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R9and closed his evidence on 08.11.2023. 

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present case, the grievance of the complainant is that the flat in question was allotted to the complainant  in the month of May 2015  and project was to be completed upto September 2018 and thereafter the possession was to be given to the complainant. The complainant has paid an amount of Rs.1782565/- on different dates till March 2018 vide receipts Ex.C5 to Ex.C11 as mentioned in para no.1 of this judgement but the construction work was not completed at the site and without completing the construction work, opposite party demanded the final payment. Complainant served a legal notice Ex.C4 on dated 16.10.2018 and asked the opposite party to provide necessary rebate to the buyers for the delay in possession and also served a legal notice Ex.C3 dated04.08.2021 to the opposite party either to refund the amount with interest or to give the possession of plot. But neither the construction work has been completed nor the possession of the flat has been given to the complainant.

6.                We have perused the documents placed on record by both the parties. As per clause 8(a) of the agreement Ex.R8, the respondent had to offer the possession of the flat within 4 years from the date of approval of a building plan or grant of environmental clearance, whichever is later. As per the opposite party environment clearance was granted on 15.03.2016. Hence the possession was to be offered till 15.03.2020 but the opposite party did not complete the construction work at the site and has demanded the final payment. Opposite party has not placed on record any document or photographs etc. to prove the fact that the construction work has been completed at the site till date. On the other hand, at the time of arguments,  ld. Counsel for the complainant has filed an affidavit alongwith photographs of some incomplete flats which are placed on record as ‘Annexure-JNA to Annexure –JNG’ which shows that the construction work has not been completed by the opposite party till date. Hence from the documents placed on record by both the parties it is proved that neither the construction work has been completed at the site nor the amount has been refunded to the complainant by the opposite party despite her repeated requests. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the amount deposited by the complainant alongwith interest.

7.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the amount deposited by the complainant i.e. Rs.1782565/-(Rupees seventeen lac eighty two thousand five hundred and sixty five only) alongwith interest @ 9% from the date of their respective depositstill its realisation and shall also pay a sum of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant  within one month from the date of decision.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

29.03.2024

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          TriptiPannu, Member.

                                                          ……………………………….

                                                          Vijender Singh, Member.