Haryana

Sonipat

CC/240/2015

Geeta Rani W/o Sarwar Singh - Complainant(s)

Versus

M/s Jai Kishan Artec - Opp.Party(s)

Bhagat Singh

01 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.240 of 2015

                                Instituted on:27.07.2015

                                Date of order:11.12.2015

 

Smt. Geeta Rani wife of Sarwar Singh, resident of H.No.259/6, Model Town, Sonepat.

                                           ...Complainant.

 

                        Versus

 

 

M/s Jai Krishna Artec-JV 4-B Hansalaya Building, 15 Barakhamba road, Connaught Place, New Delhi-01(service to be effected through local Manager, M/s Jai Krishna Artec-JV, Township Greenwood City, Sector 26 and 27, Sonepat).

                                           ...Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Bhagat Singh Adv. for complainant.

           Respondent ex-parte on 26.11.2015.        

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that she had purchased a residential plot no.B-204 in Green Wood City at Sector 26 and 27, Sonepat. The complainant has made the payment of 95% of the total cost of the plot to the respondent. The total cost of the plot includes EDC and IDC which comes to Rs.25,89,125/-, out of which, the complainant has made the payment of Rs.25,11,638/- with interest including EDC and IDC.  The respondent has charged an amount of Rs.35,115/- on four installments.  The rate of interest which was charged by the respondent on the delayed payment was at the rate of 2% per month and now only an amount of Rs.77487/- is due towards the complainant out of the total cost of the plot in question.  It is also submitted that when the complainant has deposited the amount of Rs.2588125/- with the respondent, the respondent is not adjusting any interest of that amount as the plot was initially allotted in the year 2006.  Then, it was transferred to the complainant vide allotment letter dated 12.9.2011. The respondent has also failed to deliver the possession of the said plot to the complainant and that amounts to a grave deficiency in service on the part of the respondent and due to this, the complainant has suffered unnecessary mental agony and harassment. So, she has come to this Forum and has filed the present complaint.

2.        Notice to the respondent was issued through registered post, but when none appeared on behalf of the respondent, the respondent was proceeded against ex-parte vide order dated 26.11.2015.

3.        We have heard the ex-parte arguments advanced by the ld. Counsel for the complainant  at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that the complainant is entitled to get interest at the rate of 2% per month on the payment of Rs.25,11,638/-  made by the complainant to the respondent from 5.12.2013 till the delivery of the possession of the plot to the complainant since the respondent has failed to deliver the possession of the plot to the complainant as they are utilizing the amount deposited by the complainant for their personal gains.

          Now coming to the merits of the case as to for what relief the complainant is entitled to?

          In the present case, as per the complainant, she has deposited Rs.25,11,638/- with the respondent and this amount includes the EDC, IDC and delayed payment interest i.e. Rs.5,83,025/-, Rs.42000/- and Rs.35115/-.  The complainant has booked the plot with the respondent in the year 2006 and the possession of the plot was to be handed over to the complainant.  In the agreement, the official of the respondent has not mentioned the limitation period for the delivery of possession of the plot. In our view, there is hide and seek on the part of the respondent. Further more, the complainant has booked the plot only and no construction over the plot in question was to be made by the respondent.  So, in our view, after deducting the amount of Rs.6,60,140/- (Rs.583025+42000+35115/-) from the amount of Rs.25,11,638/-, the balance amount comes to Rs.18,51,498/-. Accordingly, the respondent is directed to pay interest at the rate of 09% per annum on the amount of Rs.18,51,498/- to the complainant from 05.12.2013 and to hand over the possession of the plot to the complainant.  Since the complainant has been able to prove the deficiency in service on the part of the respondent, the respondent is also directed to compensate the complainant to the tune of Rs.50,000/- (Rs.fifty thousand) for rendering deficient services, for harassment and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands accepted ex-parte.  The respondent is further directed to make the compliance of this order within one month from the date of passing of this order.

          Certified copy of this order be provided to the complainant free of costs and the same be sent to the respondent for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

Announced:  11.12.2015