CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.409/2010
SH. ANUBHAV CHHUGANI
S/O LATE SHRI VASDEV CHHUGANI
R/O G-37, 1ST FLOOR, KALKAJI,
NEW DELHI-110019
…………. COMPLAINANT
Vs.
M/S RANGOLI PROJECTS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
DD HOSUE, F1/9, OKHLA INDUSTRIAL AREA,
PHASE-I, NEW DELHI-110020
…………..RESPONDENT
AND
Case No.424/2010
SMT. SARIKA SHEWARAMANI
W/O SHRI RAJKUMAR SHEWARAMANI
R/O C-45, 1ST FLOOR, KALKAJI,
NEW DELHI-110019
…………. COMPLAINANT
Vs.
M/S RANGOLI PROJECTS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
DD HOSUE, F1/9, OKHLA INDUSTRIAL AREA,
PHASE-I, NEW DELHI-110020
…………..RESPONDENT
Date of Order:04.04.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of case no.409/10 are detailed.
In brief the case of the complainant is that his mother booked a 350 sq. yds. Plot at Royal City, Sonepat, Haryana by paying an initial deposit of Rs.3,15,000/- on 02.04.2005. The said project was projected by OP as a township with International standards which will be commissioned and completed within short span of time.
It is stated that on 06.02.2008 the said plot’s booking was transferred in the name of complainant from his mother’s name and complainant further paid a sum of Rs.4,72,500/- towards the sale consideration of the said plot. In the month of February 2008 OP assured complainant that possession of the plot would be handed over in October 2008 though it has not been allotted till date for the best reasons known to OP.
It is further stated that till date complainant has paid a sum of Rs.7,87,500/- which is nearly half of the total sale price. Even after more than five years no work has been done on the said project. Complainant visited office of OP to inquire about the allotment to which OP and OP’s employees have represented that the project will take further time to complete and in case complainant needs a refund of the sale price paid then he has to deposit all the original documents in his possession with respect to the said plot. Complainant vide letter dated 22.02.10 requested OP to either allot the said plot or to refund the sum of Rs.7,87,500/- alongwith interest. Complainant deposited all the original documents in his possession with regard to the plot alongwith the letter dated 22.03.2010. Complainant was assured that the refund would be paid within two weeks however OP neither allotted plot nor refund the amount. In fact conduct of OP reflects that they have no intention whatsoever to refund the amount. It is clear cut case of deficiency in service on the part of OP. Due to the said deficiency in service, complainant is suffering financially whereas OP is reaping the benefits of the hard earned money of complainant. Complainant’s mother is suffering from cancer and she is in dire need of money.
It is stated that complainant was left with no option and was constrained to serve a legal notice dated 24.6.10 calling upon OP to pay a sum of Rs.787500/- within seven days of the receipt of the notice however the amount has not been paid.
It is stated that complainant is a consumer and there is deficiency in service on the part of OP. The cause of action arose when complainant’s mother booked the plot on 02.04.2005, it arose when the said plot was transferred in favour of complainant on 06.02.2008, it further arose when complainant paid a sum of Rs.4,72,500/- towards further part payment of the plot, it further arose when complainant vide letter dated 22.03.2010 requested OP to either allot the plot or refund the amount, it arose when legal notice dated 24.06.10 was served by complainant upon OP and it is still continued. It is prayed that OP be directed to pay a sum of Rs.7,87,500/- alongwith interest @ 24% p.a. and also to pay Rs.1 lakh towards compensation and Rs.25,000/- for litigation expenses.
OP in the reply took the preliminary objection that complainant is not a consumer and the complaint is barred by limitation.
On merit it is not disputed that the aforesaid amount has been deposited however it is stated that the complainant is not entitled for the sum deposited or for any compensation. It is prayed that complaint be dismissed.
We have carefully perused the record and gone through the written submissions of the parties.
The contention of OP that complainant is not a consumer, is without force. Complainant has booked a plot. It is specifically stated that he was assured for early completion of the project however nothing was done rather complainant was told in 2008 that it will take sometime to complete the project and complainant was asked in case he needs refund then all original documents to be deposited with OP. Complainant vide letter dated 22.03.10 asked OP either to give the possession within 15 days or to refund the amount with 24% interest. This letter was duly received by OP. The original documents were returned to OP which were duly received by OP on 13.05.2010. OP was to refund the amount as there was deficiency in service on the part of OP as OP was not able to complete the project even till 2010. Despite service of legal notice dated 24.06.2010, the amount was not refunded. It is clear cut case of deficiency in service on the part of OP.
There is no question of the complaint being barred by limitation. The complainant was not handed over the possession of the plot despite writing the letter dated 22.03.2010. As desired by the OP, the original documents were handed over to the OP on 13.05.2010. The amount was not refunded even after service of notice dated 24.06.10. The complainant was constrained to file the present complaint on 20.07.2010. The same is very much within limitation.
OP is directed to refund the amount of Rs.7,87,500/- alongwith interest @ 10% p.a. from the date of filing of complaint. OP is further directed to pay Rs.30,000/- towards compensation and Rs.10,000/- towards litigation cost.
In case No.424/10 OP is directed to refund the amount of Rs.7,87,500/- alongwith interest @ 10% p.a. from the date of filing of complaint. OP is further directed to pay Rs.30,000/- towards compensation and Rs.10,000/- towards litigation cost.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
