Haryana

Panchkula

CC/203/2021

MEENAKSHI GUPTA. - Complainant(s)

Versus

M/S OCTAGON BUILDERS & PROMOTERS PVT.LTD. - Opp.Party(s)

IN PERSON

29 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

 

                                                       

Consumer Complaint No	:	203 of 2021
Date of Institution	:	01.04.2021
Date of Decision	:	29.06.2022

 

 

Meenakshi Gupta wife of Sh. Ramesh Gupta age 50 years resident of House No.-1254, Sector-4, Panchkula.

                                                                ….Complainant.

 

Versus

1.     M/s Octagon Builders & Promoters Private Limited, # National Highway N-58, Near Pitanhali Yog Pith, Shantar Shah, Bahadrabad, District Haridawar through its Managing Director.

2.     M/s Octagon Builders & Promoters Private Limited, H-218, Sector-63, Noida-201309 through its Managing Director/Owner/Authorised Signatory.

2^nd Address H-99, Sector-63, Noida(UP).                                                                                                    ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

 

For the Parties:   Complainant in person.  

                        OPs No.1 & 2 already proceeded ex-parte vide order dated 01.12.2021.

ORDER

(Sh. Satpal, President)

1.                The brief facts of the present complaint are that the Ops being the developer/builder of Township Project, namely, Har-Har-Gange floated a residential plots and style of Octagon Builders & Promoters Private Limited. In this regard, the Ops have advertised/invited the applications for allotment of plots through draw. On the lovely tongue of Ops as well as guidance of the representative of Ops, the complainant is ready and pay a sum of Rs.5,000/- through receipt no.1267, dated 22.09.2011 for registration charges through cheque no.991687 dated 10.09.2011 and the Ops have  allot a registration bearing no.12409. In this regard a letter has been received  from the Ops vide which hthe Ops have intimated to  her for invite and participate in the lucky draw to tbe held on 10.10.2011 at the address of Ops at Noida. A letter has been received from the Ops through which Ops have intimated to the complainant that a plot bearing no.134, measuring 150sq yard have been allotted to her in Har Har Gange Project Phase II, Haridwar alongwith payment schedule. On 08.11.2011, the complainant has deposited an amount of Rs.1,75,000/- with regards to plot no.134 and on the receipt of the payment, the Ops has issued a allotment letter dated 23.11.2011 in the name of the complainant with regard to plot bearing no.134 with the area of measuring 150sq.yard @ Rs.6000/- per sqr yard total consideration value of Rs.9,00,000/- in Har Har Gange Project Phase –II, Haridwar. The complainant has made all the payment as per schedule & as per terms and conditions given by the Ops. Details of the payment are given in the para no.4 of the complaint.  In this regard a layout plan is also supply by the Ops to the complainant. As per the terms and condition of the agreement/allotment letter dated 23.11.2021 clause at serial no.3, the physical possession of the plot/land will be given when there are no dues left and payments are full and final. The complainant has made all the due payment but till date no physical possession was handed over to the complainant. It has been come to the notice of the complainant that the address mentioned  on the receipt of is Noida(UP) but on the receipts a rubber stamp was showing the issued from address of Delhi. It is also pointed out that in the allotment/agreement letter dated 23.11.2011 only village Santarshah Panchayanpur, Bawlikalanjari District Haridwar was mentioned but no Khasra number/Khatoni number or any identity of acquired land have mentioned by Ops. Beside this in the receipts Har Har Gange Phase-II, Haridwar was mentioned but in the allotment/agreement letter only village Santarshah Panchayanpur, Bawli Kalanjari District Haridwar was shown. It shows that there is some wrong mentioned in the letter referred above. The complainant contacted the concerned executive/authority signatories several times but no satisfactory reply as the possession of the said plot has been given.  Due to the acts and conduct of the OPs, the complainant has suffered a great mental agony, harassment and financial loss; hence, the present complaint.

2.             Notice was to the OP No.1 through registered post which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OP; hence, it was deemed to be served and thus, due to non appearance of OP; whereas notice issued to the OP No.2 through registered post received back with the report “unclaimed”. As per provision laid down vide clause 41 of the post office guide part l prior to treating a parcel as unclaimed, a due attempt of delivery followed by continuous notices of delivery is being made and in this manner the unclaimed parcel may legitimately be considered as brought in the notice of the addressee which amounts to sufficient means of service; they were proceeded ex-parte by this Commission vide its order dated 01.12.2021.

3.             To prove the case, the complainant has tendered his affidavit as Annexure C-A along with documents Annexure C-1 to C-21 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on the file including written arguments filed by the complainant, minutely and carefully.

5.             Evidently, a sum of Rs.5,000/- was paid by the complainant vide acknowledgment/receipt dated 22.09.2011(Annexure C-1) for the registration of application form no.12409 for the allotment of a plot having the size of 150sqr. yard in the Township Project, namely, Har Har Gange project Phase II, Haridwar, floated by the Ops. It is evident that a plot no.134 measuring 150 gaj qua the said application form No.12409 was allotted in the said Township Project i.e. Har Har Gange project Phase II, Haridwar and that installment plan(Annexure C-4) showing the amount as well as the time of payment of installment was sent to the complainant. As per allotment letter, the price of the plot was Rs.9,00,000/-, which was paid by the complainant to OPs vide several receipts,  which are available on record in the shape of Annexure C-6 to C-19,  the details whereof are given in para no.4 of the complaint. The grievance of the complainant is that the possession of the plot has not been delivered to her as promised vide Condition no.3 of the allotment letter(Annexure C-5).

7.             The OPs No.1 & 2 preferred have not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 01.12.2021 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

8.             The terms and conditions of the allotment letter(Annexure C-5) are of utmost importance to adjudicate the controversy involved in the present complaint in a proper and fair manner. The Condition no.3 of the said allotment letter(Annexure C-5) stipulates that the physical possession of the plot would be given after clearance of all dues. Since the complainant has paid the entire price of the plot amounting to Rs.9,00,000/- as per receipt (Annexure C-6 to C-19), it was binding upon the Ops to fulfill its commitment by delivering the physical possession of the plot allotted to her in Har Har Gange Project Phase II, Haridwar. The Ops have neither controverted or rebutted the contentions of the complainant nor they have preferred to respond to the legal notice (Annexure C-21) dated 22.02.2020 sent by the complainant to them. It is the unrebutted contention of the complainant that the OPs have failed to fulfill its part of obligation as per allotment letter(Annexure C-5) by delivering the physical possession of the plot to her. Since, there is no version of the OPs as to the status of basic amenities i.e. water, sewerage, roads and electricity etc. made available at site, we have no option except to conclude that the Ops have been deficient while delivering services to the complainants. Even, the legal notice(Annexure C-21) failed to evoke any positive response from the OPs. Further, we are clueless as to whether the OPs had taken the necessary approvals and sanctions, in connection with, the floatation of the said housing project i.e. Har Har Gange Project Phase II, Haridwar, from the Competent Authority prior to making allotment of plots in the said project. Therefore, we have no hesitation to conclude that there has been lapse and deficiency in service on the part of OPs, while rendering services to the complainant, for which they are liable to be compensate the complainant jointly and severally.  

9.                As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs:-

1. To pay a sum of Rs.9,00,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization. 
2. To pay an amount of Rs.10,000/-to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- as cost of litigation charges.

 14.           The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, 2019 against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 29.06.2022

 

        Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                      Member                   President

 

Note: Each and every page of this order has been duly signed by me.

 

                                                Satpal

                                                President