Haryana

Sonipat

CC/1/2016

Krishan Kumar S/o Nand Kishore - Complainant(s)

Versus

M/s Omaxe Limited - Opp.Party(s)

Mannu Malik

16 Jun 2016

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

                                Complaint No.01 of 2016

                                Instituted on:01.01.2016

                                Date of order:16.06.2016

 

Krishan Kumar son of Nand Kishore, resident of H.No.11/446, Hem Nagar, near Gurudwara Sonepat through his attorney Rajesh son of Ram Swroop resident of H.No.571, Ward no.2, Gharounda, Karnal.

                                            ...Complainant.

                           Versus

1.M/s Omaxe Ltd., Omaxe House, 7 Local Shopping Centre, Kalkaji New Delhi-19 through its Chairman.

2.Branch Manager, M/s Omaxe Ltd., Omaxe City, GT road Sonepat, distt. Sonepat.

                                           ...Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Mannu Malik Adv. for complainant.

           Sh. HO Sharma, Adv. for respondents.

          

BEFORE-    NAGENDER SINGH………………………………………………PRESIDENT.

          SMT.PRABHA WATI……………………………………………MEMBER.

O R D E R

 

            The complainant has filed the present complaint against the respondents alleging therein that he got booked one residential 3 BHK Flat bearing no.ONHS/P/38 with the respondents in their project Omaxe New Heights Sonepat and he has deposited an amount of Rs.3 lacs with the respondents through cheque dated 27.1.2013.  At the time of booking of the residential flat, the complainant was told that the cost of the flat would be charged at the rate of Rs.2325/- per sq. feet and further 5% discount will also be given to the complainant.  It was further told that they will issue the allotment letter of the residential flat to the complainant within a period of six months and actual physical possession of the flat duly completed in all respects will be delivered to the complainant within a period of two years from the date of booking.  But it was totally a false assurance of the respondents as no construction work has yet been started and due to this, the complainant has requested the respondents to refund the amount of Rs.3 lacs to the complainant alongwith interest.  But this request of the complainant has not brought any fruitful result and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        The respondents appeared and have filed their joint written statement submitting therein that the complainant was got registered by paying an amount of Rs.3 lacs through cheque dated 27.1.2013.  The respondents have denied the fact that the respondents were issued to issue the allotment letter within a period of six months or the actual physical possession was to be delivered within a period of two years from the date of registration.   The complainant was requested to make the payment of Rs.319651/- towards 15% of the basic sale price of the flat, but of no use and due to this, the amount paid by the complainant stood forfeited.  No such assurance as alleged by the complainant was ever given to the complainant.  The complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments of both the ld. Counsel for the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has argued his case vehemently that the complainant has got booked one residential 3 BHK Flat bearing no.ONHS/P/38 with the respondents in their project Omaxe New Heights Sonepat and he has deposited an amount of Rs.3 lacs with the respondents through cheque dated 27.1.2013.  At the time of booking of the residential flat, the complainant was told that the cost of the flat would be charged at the rate of Rs.2325/- per sq. feet and further 5% discount will also be given to the complainant.  It was further told that they will issue the allotment letter of the residential flat to the complainant within a period of six months and actual physical possession of the flat duly completed in all respects will be delivered to the complainant within a period of two years from the date of booking.  But it was totally a false assurance of the respondents as no construction work has yet been started and due to this, the complainant has requested the respondents to refund the amount of Rs.3 lacs to the complainant alongwith interest.  But this request of the complainant has not brought any fruitful result and that amounts to a grave deficiency in service on the part of the respondents.

          On the other hand, ld. Counsel for the respondents has submitted that the complainant was got registered by paying an amount of Rs.3 lacs through cheque dated 27.1.2013.  The respondents have denied the fact that the respondents were issued to issue the allotment letter within a period of six months or the actual physical possession was to be delivered within a period of two years from the date of registration.   The complainant was requested to make the payment of Rs.319651/- towards 15% of the basic sale price of the flat, but of no use and due to this, the amount paid by the complainant stood forfeited.  No such assurance as alleged by the complainant was ever given to the complainant.  The complainant is not entitled for any relief and compensation.

          In the present case, there is no dispute with regard to the fact that the complainant has deposited Rs.3 lacs with the respondents through cheque dated 27.1.2013.  Thereafter the respondents have issued letter dated 4.7.2015 and 23.7.2015 to the complainant.  Prior to this, the respondents have never intimated the complainant in any manner and they continued to utilize the huge amount of the complainant and that amounts to a grave deficiency in service on the part of the respondents and they are liable to refund the amount of Rs.3 lacs to the complainant alongwith interest.  Thus, we hereby direct the respondents to refund the amount of Rs.3 lacs to the complainant alongwith interest at the rate of 09% per annum from the date of its deposit till its actual realization.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)                             (Nagender Singh-President)

Member DCDRF                                  DCDRF, Sonepat.

 

Announced: 16.06.2016