RESERVED
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Complaints No. 239 of 2018
Smt. Geetanjali Kapur w/o Shri Madhusudan Kapur,
R- 9/188, Raj Nagar, Ghaziabad-201002 .....Complainant.
Versus
M/s S.M.V. Agencies Pvt. Ltd., Jaipuria Sunrise
Plaza, 12-A, Ahinsa Khand, Indirapuram,
Ghaziabad-201010 through its Managing Director.
.…Opposite Party.
Present:-
Hon’ble Justice Mr. Akhtar Husain Khan, President.
Shri Umesh Kumar Srivastava, Advocate for complainant.
None appeared for opposite party.
Date 17.1.2020
JUDGMENT
Present complaint has been filed by complainant Ssmt. Geetanjali Kapur against opposite party M/s S.M.V. Agencies Pvt. Ltd., Jaipuria Sunrise Plaza, Ghaziabad under section 17 of the Consumer Protection Act before this State Commission seeking follow reliefs.
- To direct the opposite party to refund deposited amount (Rs.19,24,020.00) to complainant alongwith 18% interest from the date of deposits w.e.f. 17.4.2017 to the date of actual payment.
- To direct the opposite party to pay Rs.10,00,000.00 for physical and mental harassment.
- To direct opposite party to pay Rs.35,000.00 for cost of the case.
- Any other relief which this Hon’ble Court deems fit and proper in the interest of justice.
According to complaint, version of the complainant is that she applied for residential plot of 250 sq. yard in Jaipuria Sunrise Greens Ghaziabad project of opposite party by depositing Rs.4,05,000.00 through cheque dated 3.8.2005.
(2)
Thereafter, vide letter dated 15.2.2006 opposite party asked her to deposit next premium due Rs.9,07,200.00. Again, opposite party asked her to deposit Rs.2,88,000.00 on the basis of payment plan with intimation about launching of residential plot measuring 250 sq. yard in Jaipuria Sunrise Green, NH-24, Ghaziabad and she was allotted plot no.70 situated in F-Block Type-C vide allotment letter dated 22.11.2006 but there was no agreement in respect of EDC charges or total cost of plot as well time for delivery of possession of plot. Subsequent to above allotment letter she was asked by opposite party to deposit EDC charges @ Rs.750.00 per sq. yard i.e. Rs.1,87,500.00. Reminder was also given by opposite party for this purpose. Thereafter, vide letter dated 10.1.2011 she was informed by opposite party that work is in progress and again letter dated 18.3.2011 was sent to her by opposite party demanding payment of Rs.9,81,000.00 with intimation that the area of the unit allotted to her has been reduced from 250 sq. yard to 225 sq. yard whereas no consent of complainant was obtained for reducing the area of the unit allotted to her. Thereafter, she deposited Rs.1,50,155.00 outstanding against sale consideration in order to extend her cooperation to opposite party in their development work so that she may get her plot earlier and she wrote letter dated 2.6.2011 to opposite party showing her concern about the delay in completion of project. After receiving this letter the opposite party vide letter dated 1.8.2011 demanded Rs.3,51,955.00 as Rs.10,68,155.00 were already deposited by her. Again reminder was sent by the opposite party to her on 9.11.2011 for payment of
(3)
Rs.6,03,910.00, against the basic sale value of Rs.11,82,600.00. Again reminder was sent on 4.12.2012 by opposite party to her. Thereafter, she wrote letter dated 22.11.2016 to opposite party with request to deliver possession of allotted plot but the opposite party failed to give possession of the plot allotted to her.
As per version of complaint Rs.19,24,020.00 has already been paid to opposite party by complainant. The opposite party is demanding increased amount of EDC charges through letter dated 18.3.2011 and letter dated 1.8.2011. This demand made by opposite party is illegal and unjust. The opposite party has failed to deliver possession to her within stipulated period and she has no hope of getting possession of plot allotted to her. Consequently, she made prayer to opposite party to refund entire deposited amount alongwith interest @ 18% p.a. vide letters dated 19.4.2017 and 7.3.2018 but the opposite party did not refund the amount deposited by her.
Feeling aggrieved complainant has moved application before Sr. Superintendant of Police on 3.4.2018 and filed complaint before the State Commission with above prayer for the deficiency allegedly committed by opposite party.
Notice has been sent to opposite party by the State Commission on 18.7.2018 through registered post. Same has not been returned unserved. Therefore, service of notice on opposite party has been presumed sufficient but opposite party did not turn out. Consequently, complaint has been proceeded exparte against opposite party.
(4)
Complainant has filed affidavit in support of version of complaint. Complainant has filed copies of following documents alongwith complaint.
- Copy of Advance Registration Form dated 3.8.2005.
- Copy of receipt dated 6.8.2005.
- Copy of intimation for payment dated 15.2.2006.
- Copy of Provisional Allotment letter dated 22.11.2006.
- Copies of letters dated 4.11.2006, 3.7.2007, 20.7.2007, 10.1.2011, 18.3.2011 and 20.5.2011 sent by the opposite party to complainant.
- Copy of letter dated 2.6.2011 sent to Office Incharge of opposite party by complainant.
- Copies of letters dated 14.6.2011, 1.8.2011, 9.11.2011, 4.12.2012 and 30.1.2013 sent by opposite party to complainant.
- Copies of letters dated 22.11.2016, 9.12.2016, 3.1.2017, 24.1.2017, 7.3.2017 and 19.4.2017 sent by complainant to opposite party.
- Copy of cheque dated 19.10.2013 alongwith copy of statement of account of complainant.
On the date fixed for final haring ld. counsel Mr. Umesh Kumar Srivastava appeared for complainant. None appeared for opposite party.
I have heard learned counsel for the complainant and perused records.
Averments made in complaint has been supported by affidavit filed by complainant.
(5)
Opposite party did not turn out and no written statement or affidavit has been filed on behalf of opposite party to challenge the version of complaint and affidavit. As such, I found no sufficient ground to disbelieve statement of complainant made on oath in affidavit as well as documents filed by her.
Vide provisional allotment letter dated 22.11.2006 opposite party has allotted plot no.70 to complainant in Block-F Type-C. Complainant has applied for registration of plot in the project of opposite party on 3.8.2005. Copy of Advance Registration Form has been filed by complainant alongwith complaint wherein it has been stipulated that if the company is not in a position to make offer of allotment for residential plot house within a period of 9 months from the date of payment of advance we shall have right to withdraw the money and ask for refund by giving 30 days notice alongwith interest calculated @ 9% p.a. from the date of payment of advance.
In affidavit, complainant has stated on oath that the cost of plot was Rs.19,24,020.00 which was already paid to the opposite party. Vide letter dated 20.5.2011 opposite party has accepted payment of Rs.9,18,000.00 till date. Vide letter dated 1.8.2011 opposite party has accepted payment of Rs.10,68,155.00. In this letter balance amount has been shown Rs.3,51,955.00. In letter dated 9.11.2011 also opposite party has admitted payment of Rs.10,68,155.00.
After having gone through affidavit of complainant as well as documents filed by her there appears sufficient ground to believe that complainant has deposited
(6)
Rs.19,24,020.00 with the opposite party for getting plot in question but the opposite party has failed to handover possession of plot allotted to her within stipulated period.
More than 13 years have passed but the complainant could not get possession of the plot, therefore, it appears just to order refund of amount deposited by her with interest.
Keeping in view judgment of Hon’ble Apex Court rendered in the case of Civil Appeal no.(S) 3948 of 2019, S.L.P. (C) 9575 of 2019 M/s Krishna Estate Developers Pvt. Ltd. vs. Naveen Srivastava, it appears just that the opposite party should be given opportunity to refund Rs.19,24,020.00 deposited by complainant with interest @ 9% p.a. from the date of deposit till date of actual payment within 3 months. If opposite party fails to refund the amount within above stipulated period with above rate of interest, opposite party shall refund Rs.19,24,020.00 to complainant with interest @ 18% p.a. from the date of deposit till date of actual payment.
It appears just to award Rs.10,000.00 to complainant as cost of litigation.
No other relief appears justified.
In view of conclusion drawn above, complaint is allowed partially and opposite party is ordered to refund Rs.19,24,020.00 to complainant within 3 months from the date of this judgment with interest @ 9% p.a. from the date of deposit till date of actual payment.
In case opposite party fails to refund the above amount to complainant within stipulated period as ordered above, opposite party shall refund whole amount of Rs.19,24,020.00 deposited by her with interest @ 18% p.a. from the date of deposit till date of actual payment.
(7)
Opposite party shall further pay Rs.10,000.00 to complainant as cost of litigation.
(Justice Akhtar Husain Khan)
President
Jafri PA II
Court No.1
Complaints No. 239 of 2018
Smt. Geetanjali Kapur vs. M/s S.M.V. Agencies Pvt. Ltd.
.1.2020
Judgment delivered on separate sheets.
Complaint is allowed partially.
Certified copy of this judgment be made available to the parties as per rules.
(Justice Akhtar Husain Khan)
President
Jafri PA II
Court No.1
