District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 344/2023.
Date of Institution:16.05.2023.
Date of Order:11.08.2023.
Ms. Neetu Naswa aged about 47 years d/o Shri C.D.Naswa r/o H.No.2K/53, NIT, Faridabad – 121001.
…….Complainant……..
Versus
M/s. SRS Real Estate ltd., SRS Multiplex, Top floor, Sector-12, Faridabad through its Diector/Authorised Signatory Mr. Anil Jindal (now Mr. Anil Jindal is in Judicial Custody at Neema Jail.)
Service be also effected through Jail Superintendent, Neema Jail Faridabad.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
PRESENT: Sh. Jitender Singh, counsel for the complainant.
Sh. Praveen Gupta, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was lured into believing the promises and assurances of the opposite party and accordingly was lured into complainant to make the payment of further amount, claiming the same to be payable as per payment plan of the said project. Upon the application of the complainant for allotment of residential plot and payment of further money as required at the time of booking of the booth, the applicant paid a sum of Rs.3,04,500/- dated 28.11.2009 and Rs.3,12,500/- dated 17.03.2010 and Rs.29,500/-, Rs.2,39,250/-, Rs.87,500/-, Rs.43,750/- dated 07.11.2012 and amount of Rs.1,85,750/-, Rs.14,250/- dated 16.11.2012 and amount of Rs.82,851/- on dated 26.12.2012 and amount of Rs.3,62,500/-, Rs.1,62,500/- on dated 23.07.2010 and amount of Rs.1,00,000/- on dated 08.01.2011 and amount of Rs.2,00,000/- on dated 16.11.2012 . The opposite party entered into and executed allotment letter/Buyer Agreement dated 14.07.2008 with the applicant with respect to aforesaid residential plot NO. C-284 measuring 250 sq. yds. and paid a total amount of Rs.24,39,851/- to the opposite party company against the aforesaid residential plot. As such being compelled and under the bonafide belief that the opposite party shall keep its promises and assurance of development of the project, the applicant paid the amount of Rs.24,39,851/-, however, since thereafter, the opposite party company initially changed its plan of the development of the said plots and under the garb of moisture beneath, changed the location, floor plan etc. of the said plots.. However, since the date of booking of the plots, the said plots could not be developed by the opposite party and had since then delaying the construction and the opposite party failed and neglected to perform its part of the obligation i.e of time handing over of the possession of the plots to the complainant and had failed to complete the handing over of possession of the said plots to the complainant, despite numerous request and visits of the complainant in the office of the opposite party. The opposite party only kept of extending false promises and assurances regarding completing the possession soon however, all such assurances failed to materialize and despite the complainant following with the office of the opposite party and having acquired a valuable legal possessory right in the said plot and having become a buyer of the said plot, the opposite party did not bother do the needful. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the amount of Rs.24,39,811/- paid to the opposite party against the booking/allotment of residential plot NO. C-284, Sector-6, Palwal alongwith interest @ 8% p.a. w.e.f the date s of payment made to the opposite party.
b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
c) Execute conveyance deed in favour of the complainant.
d) Any other proper and further order as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the complainant and against the opposite party.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the opposite party had diligently and efficiently provided the services to the complainant as agreed between the parties vide the allotment letter/agreement for residential plot 9n SRS Real Estate Ltd. Sector-6, Palwal duly executed and signed by the complainants after reading and understanding the import of the terms stipulated there in plot buyer agreement already enclosed by the complainant in his complaint. The complainant was bound by the terms and conditions of the allotment letter/agreement duly executed by them on their own free would and consent. However, the complainant had putforth their claim by virtue of instant complaint which was contrary to terms and conditions incorporated in the agreement/allotment letter. It was denied and submitted that opposite party had delivered letter of conveyance deed to the complainant on dated 15.09.2012 but complainant not ready for execute conveyance deed in his plot till today and after in the year 2018 all the properties were attached by the Enforcement Directorate, hence the opposite party not to execute conveyance deed in his favour. It was also pertinent to mention here that if all the properties were released by the Enforcement Directorate than opposite party is ready to execute conveyance deed in his favour after receiving the balance amount , if any. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–M/s. SRS Real Estate Ltd. with the prayer to: a) refund the amount of Rs.24,39,811/- paid to the opposite party against the booking/allotment of residential plot NO. C-284, Sector-6, Palwal alongwith interest @ 8% p.a. w.e.f the date s of payment made to the opposite party. b) pay Rs.2,00,000/- as compensation for causing mental agony and harassment . c) Execute conveyance deed in favour of the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Ms. Neetu Naswa, Ex.C-1 - Plot Buyer’s Agreement, Ex.C2 (colly page 1 to 9) – receipts,, Ex.C3 – photocopy of cheque dated 27.11.2009 amounting to rs.3,04,500/-, Ex.C-4 – photocopy of cheque dated 16.03.2010 amounting to Rs.3,12,500/-, ex.C-5 – photocopy of cheque dated 26.12.2012 amounting to Rs.82,851, Ex.C-6 – receipt dated 16.11.2012,, Ex.C-7 – photocopy of cheque dated 06.11.2012 amounting to Rs.4,00,000/-, Ex.C-8 – letter dated 03rd December 2011 regarding enhance of external development charges (EDC) in Palwal, by Government of Haryana vide Memo NO. DGTCP/ACCTTs-2011/1278 August 25,2011,, Ex.C-9- letter dated 9th July 2012 regarding demand of 6th installment and possession amount in Sector-6, Palwal, Ex.C-10 – details of payment dated 15.09.2012,, Ex.C-11 – letter dated 15.09.2012 regarding registration of conveyance deed of your plot,
On the other hand, Shri Parveen Gupta, counsel for the opposite party has made a statement that written version filed by opposite party be read as evidence on behalf of opposite party and closed the same on his behalf. Accordingly, evidence on behalf of opposite party has been closed vide order dated 17.072023.
6. In this case, the complainant booked one residential plot of 250 sq. yds, and paid Rs.3,15,000/- to the opposite party towards booking amount of Plot No C-284 Unit No.SP/PWL/06/0911 dated 14.07.2008 in Sector-6, Palwal vide Ex.C-2 (colly). At the time of booking of the booth, the complainant paid a sum of Rs.3,04,500/- dated 28.11.2009 and Rs.3,12,500/- dated 17.03.2010 and Rs.29,500/-, Rs.2,39,250/-, Rs.87,500/-, Rs.43,750/- dated 07.11.2012 and amount of Rs.1,85,750/-, Rs.14,250/- dated 16.11.2012 and amount of Rs.82,851/- on dated 26.12.2012 and amount of Rs.3,62,500/-, Rs.1,62,500/- on dated 23.07.2010 and amount of Rs.1,00,000/- on dated 08.01.2011 and amount of Rs.2,00,000/- on dated 16.11.2012 vide Ex.C2 (colly) (page 1 to 9).The opposite party entered into and executed allotment letter/Buyer Agreement dated 14.07.2008 with the complainant with respect to aforesaid residential plot No. C-284 measuring 250 sq. yds. Vide Ex. C-1 and paid a total amount of Rs.24,39,851/- to the opposite party company against the aforesaid residential plot.
On the other hand, opposite party submitted in his written statement that opposite party had delivered letter of conveyance deed to the complainant on dated 15.09.2012 but complainant not ready for execute conveyance deed in his plot till today and after in the year 2018 all the properties were attached by the Enforcement Directorate, hence the opposite party not to execute conveyance deed in his favour. Opposite party further submitted that if all the properties were released by the Enforcement Directorate than opposite party is ready to execute conveyance deed in his favour after receiving the balance amount, if any.
7. During the course of arguments, Shri Parveen Gupta, counsel for the opposite party has stated at Bar that opposite party is ready to execute the conveyance deed in favour of the complainant but the property seized with the Enforcement Directorate and the next date is fixed with the E.D for 23.09.2023.
8. After going through the evidence led by the parties as well as the statement of the counsel for the opposite party, in the interest of justice, the complaint is disposed off with the direction to opposite party to execute the conveyance deed in favour of the complainant of the plot No. C-284 in Sector-6, Palwal after receiving the balance amount from the complainant, if any, after releasing the property by the Enforcement Directorate,. In case the properties of opposite party is again seized, then opposite party is directed to refund the deposited amount to the complainant alongwith interest @ 9% p.a. from the date of deposit till its realization. Opposite party is also directed to pay Rs.11,000/- as compensation for causing mental agony and harassment alongwith Rs.5500/- litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 11.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
