DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No.304 of 2008. Date of Institution: 04.06.2008 Date of Decision: 01.09.2015
Veena S Malik w/o late Sh. Subhash K Malik, R/o C-5/19, Safdarjang Development Area, New Delhi.
……Complainant.
Versus
- M/s Golden Villa, 81st Mile Stone, NH-8, Village Khajuri, District Rewari through its partner.
- M/s Landmark Technologies, SCF-95-Sector-14, Gurgaon through its proprietor Mr. Jitender Kadan.
- M/s Nest Housing Solutions Pvt. Ltd., 1307, Sector 45, Gurgaon through its Director Mr. Jitender Kadan.
..Opposite parties
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Mannu Jain, Adv for the complainant.
Sh. Ashok Sehrawat, Adv for the opposite parties.
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that she has paid a sum of Rs. 6 Lacs on account of advance booking of Villa No.21 in the project “Golden Villas” at 81st Milestone, NH-8, Village Khajuri, Rewari of the opposite parties. The said amount was paid by the complainant at Gurgaon in the office of the opposite parties. At the time of deposit of Rs. 6 Lacs the project of the opposite parties was not even started as the opposite parties failed to take licence from the competent authority for using the agricultural land for the purpose of residential colony. Neither the zoning nor building plans have been got sanctioned by the opposite parties regarding their project “Golden Villas”. Thus, the opposite parties failed to issue allotment letter of the Villa within 9 months as per clause (d) of the application dated 05.06.2006. The complainant requested the opposite parties to fulfill their commitment but they failed to do so. Consequently, she got issued a legal notice upon the opposite parties but of no use. Thus, the opposite parties are deficient in providing services to the complainant. She prayed that the opposite parties be directed either to issue allotment letter of Villa No.21 in favour of the complainant or in the alternative to refund a sum of Rs. 6 Lacs with interest. She also claimed compensation of Rs. 1 Lac for harassment and mental agony. The complaint is supported with an affidavit and the documents placed on file.
2 OPs in their written reply have alleged that complainant had booked a Villa No.21 of 1000 sq. yds in the project “Golden Villas” situated in village Khajuri, District Rewari and paid a sum of Rs. 6 Lacs as earnest money i.e. 10 % of the total cost. It is alleged that no licence as alleged was required as the project’s land falls outside the control area and No Objection Certificate was circulated by DTP, Rewari vide Memo No.103 dated 17.01.2006. The complainant was informed by M/s Golden Villas to deposit the overdue installments vide letters dated 15.07.2006, 25.07.2006 and final reminder cum notice for cancellation on 03.08.2006 but she failed to deposit the same. However, the opposite parties are still ready to hand over the possession of villa in question to the complainant on making balance payment of Rs.54 Lacs with interest @ 20 % per annum from its due date and thus, there was no deficiency of service on the part of the opposite parties.
3 However, on 20.08.2015 learned counsel for the OPs has made a statement that as per the instructions of the opposite parties they have no objection in allotting and giving possession of Villa No.161-A to the complainant subject to deposit of balance payment of Rs. 54,00,000/- and interest on the outstanding amount @ 20 % p.a.
4 Learned counsel for the complainant has also made a statement that he has heard the statement of learned counsel for the opposite and the offer given by learned counsel for the opposite parties in allotting Unit No.161-A with interest @ 20 % p[.a. on the balance payment is not acceptable to the complainant as the original Unit No.21 has been sold by the opposite parties to any third party and thus, complainant gives up the claim of Unit No.21 in the present case and he requested that deposited amount of Rs.6 Lacs with interest @ 20 % p.a. may be got paid to the complainant.
5 We have heard the learned counsel for the parties and have perused the record available on file as well statement of both the parties.
6 Therefore, in view of facts and circumstances and the statements made by both the parties, it emerges that complainant has given up claim of Villa No.21 which was initially allotted to the complainant, therefore, in view of the giving up the relief qua the possession of the plot which was beyond the pecuniary jurisdiction of this Forum, the complaint now cannot be said to be beyond the pecuniary jurisdiction of this Forum. It also emerges that Villa in question has not been completed within the stipulated period by the opposite parties and as such the complainant has sought refund of earnest money paid by her with interest.
7 Therefore, keeping in view the pecuniary jurisdiction of this Forum, we direct the opposite parties to refund the earnest money of Rs. 6 Lacs to the complainant with interest @ 9 % p.a. from the date of filing of the complaint i.e. 04.06.2008 till realization. Since the complainant has also not deposited the remaining amount as per schedule, therefore, the complainant is not entitled to any compensation. However, the complainant is also entitled to litigation expenses of Rs.3100/-.The opposite parties shall make the compliance of the order within 30 days from the date of receipt of the copy of this order.
The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
01.09.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
