Delhi

North East

CC/124/2022

Subhash Chander - Complainant(s)

Versus

M/s Neesu Construction Pvt. Ltd. - Opp.Party(s)

24 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.124/22

 

In the matter of:

 

1.           2.	Subhash Chander S/o Shri Jai Dayal, R/o C-3/215, Milan Vihar Society, I.P Extension, Patparganj, Delhi-110092   Rahul Arora S/o Shri Subhash Chander R/o C-3/215, Milan Vihar Society, I.P Extension, Patparganj, Delhi-110092	Complainant No. 1           Complainant No. 2
	Versus
1.	M/s Neesu Construction Pvt. Ltd Registered Office at D-175, Gali No. 05 Bhajanpura Delhi-110053   Also at: Corporate Office CS-9, GK-II Indirapuram, Ghaziabad, U.P 201010	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

24.05.2022 16.02.2023 24.04.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainants as revealed from the record is that the Complainants were contacted by the builders regarding the booking of the flat at Group Housing Complex by the name of Neesu’s Doon Heights comprising Flats/Studio Appt., at Khasra no. 792, 794 Village Derakhas, Pathri Chowk Area, THDC Colony, Dehradun, Uttrakhand on the freehold land and making residential units under self-financing group housing scheme. The builder at the beginning of the construction of the Housing Society painted rosy pictures regarding the flats, once the construction would be complete. Hence the Complainants have given them payments regarding their residential flats. The Opposite Party and the Complainants entered an agreement to sell on 31.10.2014, regarding the construction and development of the flats. Complainant No. 1 was having BBA, for the Flat bearing no. 202 on the First Floor having saleable Area of 1500 Sq. Ft (approx.) for sales consideration of Rs. 39,00,000/- excluding service taxes as per payment plan agreed in the allotment letter. The Complainant paid Rs. 40,20,510/- against the said unit and still has not received possession. It is submitted that due to non-disclosed reasons, the Opposite Party was not interested to complete the residential project, whenever the Complainants asked for the progress report of the residential project, the Opposite Party always gave either excuse or made any illogical reasons for the delay of the project. It is pertinent to mention here that, the BBA/agreement to sell was signed on 31.10.2014 and as per BBA, the unit was likely to be completed in 24 months from the date of launching of the project, however till the date of the filing of this case, the project has not been completed. When it becomes clear, that the Opposite Party is delaying the project intentionally, the Complainants asked for a refund of the amount and to the shock of the Complainant, the Opposite Party denied that they have ever taken any money from the Complainants and forced the Complainants to take another unit in another project including Roorkee which in fact never materialized. The Opposite Party had failed or better said had lost its grip over the project and is in no mood or better said had no interest to complete the project. As per the current status report of the project, there is no possibility that the project would be completed in the coming next 2-3 years. Hence, considering all the pros and cons of the project and the risk involved in this project, now the Complainants want a complete refund of their invested amount in the project. On several occasions, the Complainants have asked for a refund but the Opposite Party had always denied the request of the Complainants. Hence, now the Complainants had no other way except to approach this Hon'ble Court for getting refund of the money with interest and compensation for the mental agony that the Complainants had gone through last several years. Moreover, a person cannot be made to wait indefinitely for the possession of the flats allotted to them and they are entitled to seek the refund of the amount paid by them, along with compensation. Although we are aware of the fact that when there was no delivery period stipulated in the agreement, a reasonable time had to be taken into consideration. In the facts and circumstances of this case, a time period of 3 years would have been reasonable for completion of the contract i.e. the possession was required to be given by last quarter of 2014. Further there is no dispute as to the fact that until now there is no redevelopment of the property. Hence, in view of the above discussion, which draw us to an irresistible conclusion that there is deficiency of service on the part of the appellants and accordingly the issue is answer. The Complainants have prayed to direct the Opposite Party to refund the amount paid by the Complainants i.e. Rs 40,20,510/- along with 18 % interest p.a. on the paid amount from the respective date of payment until realization. The Complainants have also prayed to direct the Opposite Party to pay a sum of Rs. 5,00,000/- as compensation for mental agony, Rs. 1,00,000/- on account of litigation expenses and Rs. 5,00,000/- for loss of opportunity and time.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 13.09.22.

Ex-parte evidence of the Complainant

3. The Complainants in support of their complaint filed their affidavit wherein they have supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Counsel for the Complainants and we have also perused the file.  The averments made by the Complainants in the complaint are supported by their affidavit and documents filed by them. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay an amount of Rs. 40,20,510/- to the Complainants along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 1,00,000/- on account of mental harassment and agony and Rs. 20,000/- on account of litigation expenses to the Complainants along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 24.04.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)