Haryana

Sonipat

CC/84/2015

HARBIR SINGH DAHIYA S/O RAM SINGH - Complainant(s)

Versus

M/S OMAXE LTD. - Opp.Party(s)

M.S. RANA

26 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.84 of 2015

                                Instituted on:12.03.2015

                                Date of order:03.11.2015

 

Harbir Singh Dahiya son of Shri Ram Singh, r/o 2342, Sector 15, Sonepat.

 

…Complainant.  

Versus

 

Omaxe Ltd.  7 Local Shopping Centre, Kalkaji, New Delhi-19.

 

                                                     …Respondent.

 

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. MS Rana Adv. for complainant.

           Sh. H.O. Sharma, Adv. for respondent. 

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that he was allotted apartment no.SNF/Signature/First/106 in the project Omaxe Heights on 12.10.2006 and the respondent offered possession of this apartment on 4.10.2013.  In response to the offer of the respondent, the complainant deposited Rs.732412/- as balance sale consideration on 15.10.2013 with the respondent and the complainant made total payment of Rs.26,52,469/- till 15.10.2013.  But without handing over the possession of this apartment, the respondent has sent energy bill for the month of September and October, 2014. The complainant is suffering a loss of Rs.20,000/- per month as rent loss of this apartment.  There is deficiency in service on the part of the respondent. So, the complainant has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the complainant did not abide the terms and conditions of the booking and did not pay the amount as demanded by the respondent. The booking of this flat was transferred in the name of the complainant from Naresh Kumar in 2006. The respondent has sent demand letters to the complainant on various dates and also gave interest waiver offer to the complainant, but of no use.  The respondent gave offer of possession to the complainant in June, 2013, August, 2013 and 4.10.2013 but of no use. Rs.749182/- was due against the complainant. The complainant made the payment of Rs.78000/- on 15.10.2013 against power back up equipment cost, interest free maintenance security, electrical equipment cost and fire fighting equipment cost. Rs.5 lacs were paid by him  on 15.10.2013 against EDC and IDC, meter cost Rs.132412/- was paid by him on 15.10.2013 against part payment/installment and PLC etc. and Rs.22000/- on the same day towards interest against proper receipts.   The complainant has accepted the offer of temporary possession.   The complainant has not signed the builder buyer agreement despite various repeated requests made by the respondent. The complainant has taken temporary possession and he gave an affidavit in this regard and agreed for not claiming any compensation towards any delay in handing over the flat by the respondent.   There is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both 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 submitted that the complainant was allotted apartment no.SNF/Signature/First/106 in the project Omaxe Heights on 12.10.2006 and the respondent offered possession of this apartment on 4.10.2013.  In response to the offer of the respondent, the complainant deposited Rs.732412/- as balance sale consideration on 15.10.2013 with the respondent and the complainant made total payment of Rs.26,52,469/- till 15.10.2013.  But without handing over the possession of this apartment, the respondent has sent energy bill for the month of September and October, 2014. The complainant is suffering a loss of Rs.20,000/- per month as rent loss of this apartment.  There is deficiency in service on the part of the respondent.

          Ld. Counsel for the respondent has submitted that the complainant did not abide the terms and conditions of the booking and did not pay the amount as demanded by the respondent. The booking of this flat was transferred in the name of the complainant from Naresh Kumar in 2006. The respondent has sent demand letters to the complainant on various dates and also gave interest waiver offer to the complainant, but of no use.  The respondent gave offer of possession to the complainant in June, 2013, August, 2013 and 4.10.2013 but of no use. Rs.749182/- was due against the complainant. The complainant made the payment of Rs.78000/- on 15.10.2013 against power back up equipment cost, interest free maintenance security, electrical equipment cost and fire fighting equipment cost. Rs.5 lacs were paid by him  on 15.10.2013 against EDC and IDC, meter cost Rs.132412/- was paid by him on 15.10.2013 against part payment/installment and PLC etc. and Rs.22000/- on the same day towards interest against proper receipts.   The complainant has accepted the offer of temporary possession.   The complainant has not signed the builder buyer agreement despite various repeated requests made by the respondent. The complainant has taken temporary possession and he gave an affidavit in this regard and agreed for not claiming any compensation towards any delay in handing over the flat by the respondent.   There is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

          But we find no force in the contentions raised by the ld. Counsel for the respondent since the respondent is utilizing the huge amount of the complainant without providing him any services. Further the respondent has failed to deliver the possession of the flat to the complainant.  In our view, definitely, the complainant is entitled to get interest on the amount of Rs.15,13,200/- w.e.f. October, 2013 to July, 2014.  Accordingly, we hereby direct the respondent to pay interest at the rate of 09% per annum on the amount of Rs.15,13,200/- (Rs.fifteen lacs thirteen thousand two hundred) w.e.f. October, 2013 to July, 2014. The respondent is further directed to deliver the possession of the flat in question to the complainant and to get execute the conveyance deed in favour of the complainant.  The complainant is also directed to complete the formalities of the respondent for the execution and registration of conveyance deed in his favour.

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

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

File be consigned to the record-room.

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced: 03.11.2015