District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 35/2021.
Date of Institution:19.01.2021.
Date of Order:06.03.2023.
Rajat Aggarwal aged about 27 years S/o shri Radhey Shyam Aggarwal r/o D-663, Chawla Colony, Ballabgarh, Faridabad, Haryana – 121004.
…….Complainant……..
Versus
1. M/s. Nani Resorts and Floriculture Private Limited through its Directors, Corporate Office:- Building No. 80,1st floor, Sector-44, Gurugram -122003, registered office – M-18, Greater Kailash –II, New Delhi – 110 048.
2. Directors, M/s. Nani Resorts and Floriculture Private Limited, Corporate Office:- Building No. 80, Ist floor, Sector-44, Gurugram – 122003, registered office M-18, Greater Kailash-II, New Delhi – 110 048.
…Opposite parties.
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Vikas and Sh. Gautam Narayan, counsel for the complainant.
Sh. Amar Yadav, counsel for opposite parties Nos. 1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant applied for a flat under affordable housing project and he was the successful allottee in the draw of lots conducted on 23rd August 2019 in the presence of officials from the officer of Director General, Town & Country Planning and the Deputy Commissioner Gurugram for the project namely “Amal TAs Rof” apartment number E-1007, having carpet area of 643.04 sq. ft. and balcony area of 103.33 sq. ft. together with one two wheeler parking site. The complainant paid the booking amount of Rs.1,31,225/- for the above mentioned flat vide cheque No.000009 dated 27.06.2019 drawn at Kotak Mahindra Bank, under his application form serial No. 1281. At the time of introduction to this project, the opposite party duly informed the complainant that this project was empanelled with Punjab National Bank Housing Finance Limited and after paying the initial amount, he can avail the financial assistance from PNBHFL. Upon their assurance and information the complainant applied for loan for this project to PNB Housing Finance Ltd. And submitted all the requisite documents alongwith the processing fee cheque of Rs.3540/- bearing serial No. 000020 dated 09.09.2019, drawn at Kotak Mahindra Bank, NIT, Faridabad. His father namely Shri Radhe Shyam Aggarwal was also incorporated as Co-applicant in the loan application form. But he was shocked to know that the loan application was returned to the complainant as the project was not passed by PNB housing Financial Ltd. This information as conveyed by the bank officials to the complainant and he communicated the same through e-mail to the opposite party on 26.11.2019. Despite of being aware that the complainant had applied for the loan and the same was under process, the opposite party kept on sending reminders for the remaining payments. The complainant on his part even requested to the opposite parties to either help him for the loan process to pay installments on time and wave of any late fee imposed by the opposite party due to delay in paying the installments as the project was not approved by PNB as stated earlier. But the opposite party always gave the cold shoulders to the complainant and pretended fake efforts towards the help of the complainant. In this hapless situation upon the advice of opposite party the complainant approached some private sector banks and applied for loan but each of them refused to sanction the loan as the project was not approved even by them also. The complainant continuously communicated the same to the opposite parties. Even on the advices of opposite party, he attended loan mela held at Ramada Hotel, Gurugram, Haryana and made certain more efforts for the loan, but unfortunately the loan could not sanctioned due to the fallacious information provided by the opposite party. Finally on 20.12.2019 the complainant route and email to Mr. Sumit Sahu (an official of opposite party) and requested to refund his initially deposited amount Rs.1,31,225/-, without any deduction . But the opposite party fraudulently shared a fake letter from PNBHFL reflecting that the project was approved by them. Just to remove any doubt/misunderstanding and collect evidence of the fraud play upon him, the complainant called the customer case executive of PNBHFL on 28.12.2020 at 17:40 p.m. Where he shake the veracity of the statements of the opposite parties and finally he received the cogent evidence against the opposite parties as the recorded call between him and the CCE of PNBHFL who on record stated that the project was not approved by them. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay the claimed amount of Rs.1,31,225/- alongwith 24% interest p.a. till the disposal of this complaint.
b) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment .
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant entered into the contractual obligation with the opposite party in July 2019 and after going through all the clauses of the said application form and signed the same. The clause 12 of the application form clearly states that if applicant or successful allottee failed to secure loan or financial assistance from a particular bank or financial institution, then in such case the allottee cannot take this event as excuses for the non payment of installments. The complainant was allotted the said residential unit bearing unit No. E-1007 via a duly conducted Government draw of lot which took place in the August 2019. The opposite party No.1 and the complainant entered a contractual arrangement i.e application form on 27.06.2019 by entering in a contractual obligation both the parties to agreement had agreed to adhere by terms and condition of the agreement. The opposite party had timely fulfilled his part of obligation and had raised the demand within the stipulated duration as the payment plan annexed with the application form. The complainant had miserly failed to full fill his part of obligation and never paid the demand raised by the opposite party. The complainant had never paid an attention neither to the demand raised not a reminder. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– M/s. Nani esorts and Floriculture Pvt. Ltd.. with the prayer to: a) pay the claimed amount of Rs.1,31,225/- alongwith 24% interest p.a. till the disposal of this complaint. b) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment .
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Rajat Aggarwal, Ex.C1 - Intimation letter, Ex.C2 - photocopy of cheque dated 27.06.2009 for Rs.131225/-, Ex.CC3 – acknowledgement customer copy, Ex.C4 – Loan application form, Ex.C5 – Original cheque dated 09.09.2019, Ex.C6 - email dated Sept.26,2019, Ex.C7 – Reminder letter dated 24.01.2020,, Ex.C-8 & 9 – intimation letter, Ex.C-10 - email dated 20.12.2019, Ex.C-11 – email dated 21.12.2019 regarding letter from PNBHFL, Ex.C-12 – transcription between PNB and Complainant, Ex.C-13 – letter dated 28.11.2020.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.RW/1 – affidavit of Shri Ghanshyam on behalf of opposite party company., Ex.R1 – Resolution,, Ex.R2 – letter dated 16.10.2019 regarding approval of Project “ROF Amaltas” Ex.R-3 & 4 – agreement, Ex.R-5 – Payment plan, Ex.R6 – letter dated 28.11.2020 regarding cancellation of unit NO. E-1007 vide application No. 1281 in our project “ROF Amaltas” at village Mewka, Sector-92, Gurugram, Haryana, Ex. R7 – letter dated 14.11.2020 regarding final opportunity letter prior to cancellation of your flat No. E-1007 in our project “ROF Maltas as Sector-92, Turgeon, Haryana.
6. In this case, the complainant applied for a flat under “Affordable Housing Project” and paid the booking amount of Rs.1,31,225/- for the above mentioned flat vide cheque No. 000009 dated 27.06.2019 drawn at Kotak Mahindra Bank, under his application form serial No. 1281. The complainant also applied for the loan for this project to PNB Housing Finance Limited alongiwth the processing fee cheque of Rs.3540/- bearing serial No. 000010 dated 09.09.2019. The loan was rejected by the PNB Housing Financial Ltd. Because the project was not approved. The complainant applied for the refund for the deposited amount.
On the other hand, during the course of arguments, counsel for the opposite parties argued at length and stated at Bar that opposite parties will deduct Rs.25,000/- out of the deposited amount as par agreement of both the parties.
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos.1 & 2 , jointly & severally, are directed to pay the balance amount after deduction of Rs.25,000/- of the deposited amount by the complainant alongwith interest @ 6% p.a. from the respective dates of deposits. There are no order as to costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 06.03.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
