District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 599/2021.
Date of Institution:23.11.2021.
Date of Order:27.03.2023.
Tushar Mittal S/o Sh. Naresh Mittal R/o House No. C-603, Chawla Colony, Ballabgarh, Faridabad Mobile No. 9582422232.
…….Complainant……..
Versus
1. M/s. Nani Resorts and floriculture Private Limited, through its Directors, Corporate Office:- Building NO. 80, Ist 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-11, 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. Gautam Narayan Singh , counsel for the complainant.
Sh Tilak Yadav and 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 23.08.219 in the presence of officials from the officer of Director General, Town & Country Planning and the Deputy Commissioner Gurugram for the project namely “Amaltas Rof”, apartment No. A-1408, having carpet area of 645.08 sq. ft. and balcony area of 68.62 sq. ft. together with one two wheeler parking site. The complainant paid the booking amount of Rs.1,30,750/- for the above mentioned flat vide cheque No. 913 dated 28.06.2019 under his application form serial No. 1617. 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. Under their assurance and information the complainant contacted for loan for this project to PNB Housing Finance Ltd. But he was shocked to know that the project was not passed by PNB Housing Financial Ltd. This information was conveyed by the bank officials to the complainant and the communicated the same to the opposite party. Despite of being aware that the complainant had received this information that their project was not approved by the bank, 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 lae 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 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. On 21.12.2020, the opposite party issued a letter to the complainant in respect of final opportunity letter prior to conciliation of abovementioned flat and finally cancelled the allotment of flat. It resulted as mental harassment to the complainant. Finally on 23.01.2021 the complainant wrote an email to the opposite party and requested to refund his initially deposited amount without any deduction. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) pay the claimed amount of Rs.130750/- alongwith 24% interest P.a. till the disposal of this complaint.
b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment .
c) any other relief which the Hon’ble Forum deem fit and proper may also be awarded to the complainant.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the flat was allotted to the complainant in the project “ROF Amaltas” the construction was in full swing and will hand over the possession of concerned project as per clause i(iv) of the affordable housing policy, 2013” alongwith amendments thereof. The complainant was allotted the said residential unit bearing unit No. A-1408 via a duly conducted Government draw of lot which took place in the August 2019. Opposite party No.1 and the complainant entered a contractual arrangement i.e application form on 28.06.2019 by entering in a contractual obligation both the parties to agreement had agreed to adhere by term and condition of the agreement. The opposite party had timely full filed his part of obligation and had raised the demand within the stipulated duration as per 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 nor to reminder. Opposite party No.1was not after the complainant to purchase the unit in the project, it was the complainant who showed interest in the said project, visited the project site and the office of the opposite party. After being duly satisfied with the prospects of the projects did the complainant participated in the Government sponsored draw of lots which took place in August 2019 and he was successful in the said draw of lots and was allotted this unit. 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 Resorts and Floriculture Pvt. Ltd. with the prayer to: a) pay the claimed amount of Rs.130750/- alongwith 24% interest P.a. till the disposal of this complaint. b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment . c)any other relief which the Hon’ble Forum deem fit and proper may also be awarded to the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Tushar Mittal, Ex.C1 – intimation letter, Ex.C-2 – Receipt, Ex.C-3 – Demand letter, Ex.C-4 – Reminder letter, Ex.C-5 – Demnd letter,, Ex.C-6 – reminder letter dated 16.10.2020,, Eax.C-7 – letter dated 21.12.2020, Ex.C-8 – email.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.R1 – affidavit of Shri Ghanshyam on behalf of opposite parties, Annx.R-1 – Resolution, Anx.R-2 – letter dated 16.10.2019 regarding approval of project “ROFR Amaltas”, Annx.R-3 & 4 - conditions , Annx.R-5 – payment plan, Annx.R6 – letter dated 21.12.2020 regarding final opportunity letter prior to cancellation of your flat No. A-1408 in our project “ROF Amaltas” at Sectoar-92, Gurgaon, Haryana, Annx.R-7 – letter dated 27.03.2021 regarding cancellation of your unit No. A-1408, vide application NO. 1617 in our project “ROF Amaltas” at village Mewkra, sector-92, Gurugram, Haryana.
6. As per Ex.C-1, the complainant applied for a flat under affordable housing project and he was the successful allottee in the draw of lots conducted on 23.08.2019 in the presence of officials from the officer of Director General, Town & Country Planning and the Deputy Commissioner Gurugram for the project namely “Amaltas Rof”, apartment No. A-1408, having carpet area of 645.08 sq. ft. and balcony area of 68.62 sq. ft. together with one two wheeler parking site. The complainant paid the booking amount of Rs.1,30,750/- for the above mentioned flat vide cheque No. 913 dated 28.06.2019 under his application form serial No. 1617 vide Ex.C-2. It is evident form email dated 16.11.2021 vide Ex.C-8 in which it has been mentioned that “ I have been allotted flat No. A-1408 of your ROF Amamtas project. While applying for this flat I was told that your project was approved by all the major banks. However, when I checked with PNB Housing finance (one of the bank you guys mentioned that your project is approved with) denied to proceed as you project is not approved by them. When I reached out of ROF again you guys invited me to the loan mela in hotel Ramada, which I came to attend all the way form 50 km. I submitted a memorandum documents to those official but they responded of unprofessionally and asked to wait. Then I reached out to Harpreet again and she suggested me to apply loan from somewhere else. So now I have made my mind to surrender the flat due to loan processing issue by banks and ROF both. I urge you to please refund my funds 135225/- that I have deposited to may account without any deduction. As you are illegally kept those funds even when it’s your mistake the approval of project is in question.”
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties to refund the amount as per policy i.e.(Rs.25,000/-). 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. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 27.03.2023 (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.
