DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 575 /2013
Chaudhary Gurcharan Lal Datta,
S/o Late Sh. Ch. Manohar Lal Datta,
R/o G-16/1, Malviya Nagar,
Delhi-110017
Through his LR
Kaushal Kr. Datta ….Complainant
Versus
1. M/s Shaurya Housing Ltd.
202-Elite House,
36, Zamrudpur Community Centre,
Kailash Colony Extension,
New Delhi-110048
2. Sh. S. P. Bajaj
Director of M/s Shaurya Housing Ltd.
E-88, Ist Floor, East of Kailash,
New Delhi-110065 and
S-36/20 DLF Phase III,
Gurugram, Haryana ….Opposite Parties
Date of Institution : 02.12.2013 Date of Order : 21.02.2018
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Case of the complainant, in nutshell, is that in the month of June, 2008 the OP No.2, the Principal Director, fully authorized and competent to deal and conduct the affairs of OP No.1 met with the complainant and introduced himself as a leading colonizer and persuaded him to invest his retirement benefits in their project known as “ Vrinda Vatika” at Vrindavan (U.P.) and the complainant was prevailed upon by the OP No.2 to take a flat at ‘Gokul’ having built up area of 450 sq. ft. at Vrindavan, costing Rs.5,75,000/- and the possession of which was to be given within 30 months from the date of booking. The OP No.2 on behalf of the OP No.1 promised to give colourful and peaceful environments and gave false misrepresentation to him. The complainant made the payment of Rs.1,81,250/- & Rs.75,000/- totalling to Rs.2,56,250/- vide cheques dated 11.06.08 and 14.06.08 respectively drawn on PNB. The OPs immediately gave the payment schedule dated 25.07.08 to the complainant. The OPs sent a receipt dated 29.08.08 for an amount of Rs.2,56,250/- to him. In pursuance to the payment schedule, the complainant further gave 18 installments of Rs.13,000/- each, totalling to Rs.2,34,000/-. The complainant made the total payment Rs.4,90,250/- to the OPs and the OPs acknowledged the receipt dated 30.09.09. It is submitted that when the complainant sought the spot inspection, the OPs avoided the same and went on deferring the visit on one pretext or the other which raised many doubts about the bonafide claims of the OPs regarding the existence of the project and its progress was simply in the air as nothing had been done. Fed up by their tactics the complainant went to the spot and found haphazard conditions. The complainant contacted the OPs and the OPs informed him that the delay was due to non-cooperation of site contractor and because of their own difficulties. The OPs sought time to raise the construction of the flat. It is submitted that the complainant has many letters to the OPs to fulfill their part of the agreement and the assurance was extended from time to time. On 30.06.13 the complainant visited the site alongwith his son to see the site and he found the number of deficiencies such as there were no flats in existence, there was no indication of any site office and there was no one to attend the investors, there were no roads, kachha or pacca one and other deficiencies. The OPs were to deliver the flat to him on or before 31.12.10. The OPs abused their dominant position after receiving the amount of Rs.490250/-. The delay in giving possession amounts to denial of service. After waiting endlessly the complainant sent a notice dated 21.05.13 to the OPs for seeking possession or to refund the amount but no reply was received from the OPs. Hence, pleading deficiency in service or unfair trade practice on the part of the OPs, the complainant has filed the present complaint for issuing following directions to the OPs:
- Direct the OPs to refund the amount of Rs.4,90,250/- with interest (with interest @ 18% p.a.);
- Direct the OPs to pay a sum of Rs.2 lacs as compensation for all the inconveniences, harassment and agony, both physical and mental caused to the complainant on account of breach of assurance/agreement and on account of poor and deficient service and loss of his earnings;
- Direct the OPs to pay an amount of Rs.20,000/- towards legal expenses;
OP has been proceeded exparte on 22.04.15.
During the pendency of the case, the complainant died and his LRs were substituted in place vide order dated 16.09.15.
Notice was again sent to the OPs but no one appeared on behalf of the OPs and accordingly the defence of the OPs was struck off vide order dated 16.12.16.
Affidavit in evidence has been filed on behalf of the Complainant.
We have heard the counsel for complainant and have gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but did not chose to contest it.
The OPs issued the acknowledgement receipt dated 23.06.08 to the complainant as Annexure CW C-IA. The complainant has filed the letter dated 29.08.08 issued by the OPs as CW-1C. The OPs issued a letter dated 02.03.12 to the complainant wherein it was mentioned that “if the company fails to complete the construction of the said Building/said proposed Apartment within the stipulated period as aforesaid, then the company shall pay to the Allottee compensation @ Rs.5/- per sq. ft. of the super area per month for the period of such delay in handing over the possession subject to the regular payment made by allottee as per payment plan” (copy CDID). The complainant sent many letters regarding possession of the flat. The complainant sent legal notice dated 21.08.13 to the OP as Annexure CW-1/K. The complainant filed a complaint of cheating against the OPs with the SHO, P.S. Greater Kailash, dated 01.08.13 as CW-1/L.
Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
It is clear from the record that the complainant applied for flat with the OPs and paid total amount of Rs.4,90,250/- to the OPs but the OPs did not give the possession of the flat to the complainant within the stipulated period despite number of letters written in this regard. We hold the OPs guilty of deficiency in service and unfair trade practice in not fulfilling their contractual liability.
In view of the above discussion, we allow the complaint and direct the OPs to refund Rs.4,90,250/- alongwith interest @ 12% per annum from the date of filing of the complaint till realization, Rs.50,000/- for mental torture and harassment undergone by the deceased complainant including cost of litigation to Sh. Kaushal Kumar Dutta (LR of the deceased complainant) within a period of 30 days from the date of receipt of copy of this order failing which OPs shall become liable to pay Rs.4,90,250/- with interest @ 18% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 21.02.18.
