District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 493/2019.
Date of Institution: 09.10.2019.
Date of Order:06.06.2023.
D.R.Aggarwal S/o late Sh. Pershana Ram Aggarwal age 70 years being Karta of Hindu Undivided Family r/o H.No. 1163, Sector-17, Kheri Kalan, Faridabad (Haryana) Mobile No. 9818272172.
…….Complainant……..
Versus
1. M/s. SRS Retreat Services Ltd., having its office at SRS Tower, 730, 732, 7th floor, Near Metro Station Mewla Maharajpur, GT Road, Faridabad – 121003. Through its Directors/Authorized signatories. Service be also effected at SRS Mall, Sector-12, Faridabad. Service be also effected at registered office at G-96, Panchsheel enclave, New Delhi – 110 017.
2. Sh. Nanak Chand Tayal Director of M/s. SRS Retrat Services Ltd., having its office at SRS Tower, 730, 732, 7th floor, Near Metro Station Mewla Maharajpur, GT road, Faridabad – 121003, R/o H.NO. 202, Sector-9, Faridabad, Haryana-121006.
3. Sh. Naresh Goyal Director of M/s. SRS Retreat Services ltd., having its office at SRS Tower, 730, 732, 7th floor, near Metro Station Mewla Maharajpur, GT road, Faridabad – 121003, R/o H.No. E426, East Badarpur, Shahdara, Delhi – 110032.
4. Parveen Sharma, Director of M/s. SRS Retreat Services Ltd. Having its office at SRS Tower, 730, 732, 7th floor, Near Metro Station Mewla Maharajpur, GT Road, Faridabad – 121003 r/o H.No. 3314, Ward No.5, Near Bijli Office, Jawahar Colony, Sector-22, Faridabad (Haryana) – 121005.
5. Sandeep Director of M/s. SRS Retreat Services Ltd., having its office at SRS Tower, 730, 732, 7th floor, Near Metro Station, Mewla Maharajpur, GT Road, Faridabad – 121003 R/o H.NO.12 Udaka (181) Mewat – 122103 (Haryana).
6. Dhirender Singh, Director of M/s. SRS Retreat Services Ltd., having its office at SRS Tower, 730, 732, 7th floor, near Metro Station Mewla Maharajpur, GT Road, Faridabad- 121003 R/o Near Manjhwali road, Tigaon, Tigaon – 95, Faridabad – 121101 (Haryana).
7. Bishan Bansal, Authorized Representative of M/s. SRS Retreat Services Ltd., having it soffice at SRS Tower, 730, 732, 7th floor, near Metro Station Mewla Maharajpur, GT Road, Faridabad – 121003 R/o H.NO. D-2/54, DLF Model Town, Sector-10, Faridabad (Haryana) – 121006.
8. Ashok Singhal authorized signatory of M/s. SRS Retreat Services Ltd., having its office at SRS Tower, 730, 732, 7th floor, Near Metro Station Mewla Maharajpur, GT Road, Faridabad – 121003.
9. SRS Hightech Affordable Homes, Bharat Colony, Sector-87, Neher Par, Greater Faridabad (Haryana) through its Directors/Authorized Signatories.
10. Hightech Construction Company Pvt. Ltd. Having its office at Sectoar-87, Bhagat Singh Marg, Grater Faridabad through its Directors/Authorized Signatories.
Service be also effected at A-52, 2nd floor Flee Complex, Phase-2, Okhla, New Delhi.
11. Surender Kumar Vashishtha Director of Hightech Construction Company Pvt. Ltd., Sector -87, Bhagat Singh Marg, Greater Faridabad R/o H.No. 416, Sector-21B, Faridabad – 121001 (Haryana).
12. Sadhu Singh, Director of Hightech Construction Company Pvt. Ltd., Sector-87, Bhagat Singh Marg, Greater Faridabad R/o Village Khairati Khera – 32, Fatehabad – 125050 (Haryana).
13. Sourabh Tandon Director of Hightech Construction Company Pvt. Ltd., Sector-87, Bhagat Singh Marg, Grater Faridabad R/o H.No.2-B, Jai Shree Colony, Dhulkot Chauraha, Near Jain Mandir, Udaipur, 313001 (Rajasthan).
14. Harpal Singh authorized representative of Hightech Construction Company Pvt. Ltd., Sector-87, Bhagat Singh Marg, Greater Faridabad/high-tech Group R/o H.No. 379, Sector-15, Faridabad , service be also effected at Hightech Group, sEctor-87, Bhagar Singh Marg, Greater Faridabad.
15. Hightech Group B-128, White House, South City-1, near Signature Tower, Gurgaon – 12201 through its Director/Authorize signatories.
16. Hightech Affordable Homes, a unit of Hightech Construction Company Pvt. Ltd., Sector-87, Bhagat Singh Marg, Greater Faridabad.
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Rajender Mittal, counsel for the complainant.
Sh. Parveen Gupta , counsel for opposite parties Nos.1, 2,4, 6 and 7.
Opposite parties Nos. 3, 5 ,13, 15 given up on dated 11.12.2019.
Opposite parties Nos. 8, 9, 13 and 16 exparte vide order dated 03.12.2019.
Sh. M.S.Chauhan, counsel for opposite parties Nos. 10, 11, 12 and 14.
ORDER:
The facts in brief of the complaint are that after getting the booking application for registration from the complainant, the opposite parties Nos.1 to 8 had allotted a flat No. 707, Type-B, Tower NO. A-5, Carpet Area, 482.345 sq. f. and Balconies of Flat area 97.452 sq. ft. in their project SRS high-tech affordable homes after receiving an amount of Rs.15,00,000/- from the complainant vide allotment letter/buyers agreement dated 26.03.2016, which was executed between the opposite party No.1 through their legal representative opposite party No.8 in favour of the complainant i.e. D.R.Aggarwal (HUF) having Unit ID No. BFZ/FBD/87/4156. The Authorized signatory of the opposite parties had also issued a credit Note in favour of the complainant for Rs.12,06,000/-. At the time of allotment of the flat apartment the opposite parties Nos.1 to 8 had assured the complainant that the project would be completed within 2 years and also assured the complainant that they would handover the possession of the flat bearing No. 707, Type-B, Tower No. A-5 to the complainant immediately after completion of the project i.e. within2 years. Despite of receiving the payment of Rs.15,00,000/- from the complainant the opposite parties Nos. 1 to 8 did not deliver the possession of the flat in question to the complainant within the prescribed period of two years. The complainant asked the opposite parties Nos.1 to 8 many a times to give the possession of the flat in question, as per their commitment but they dilly delaying the matter on one pretext or the other. The complainant visited the site in the month of March 2018 then he came to know that opposite parties Nos.1 to 9 had transferred the whole rights to Hightech Affordable Homes a unit of Hightech Construction Company Pvt. Ltd. But the opposite parties Nos.1 to 8 did not disclosed this fact to the complainant at any point of time, which was a breach of trust with the complainant. The complainant sent legal notice dated 09.04.2018 to the opposite party through registered post but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) hand over the actual, physical vacant possession of the flat No. 707, Type-B, Tower No. A-5, Carpet Area, 482.345 sq. ft. and balconies of the Flat area 97.452 sq. ft. in their project SRS Hightech affordable homes against the above said booking, allotment letter-buyers agreement dated 26.03.2016 to the complainant.
b) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 15,000 /-as litigation expenses.
2. Opposite parties Nos. 1,2,4,6 & 7 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 ,2,4,6 & 7 refuted claim of the complainant and submitted that the name of opposite party No.1 company had already changed to high-tech Construction Co. Pvt. Ltd., vide transfer of the License No. 146 of 2014 dated1.09.2014 for granted for setting of affordable group housing colony over were measuring 5.00694 acres in Sector-87, Faridabad and all the liability of the existing developer should be owned by new entity. At the time of change in shareholding and director pattern, objections were invited from the then allottees and public at large via public notice issued in newspaper having large circulation and detailed procedure was followed for the such change. It was submitted that no objection was received from the complainant at the time of transfer of license and hence, was hereby stopped from alleging that the license was applied for transfer secretly. The complainant was fully aware about the transfer of the same, hence the answering opposite parties were being unnecessary and improper party and the opposite parties nos. 9 to 16 were the necessary party and the opposite parties Nos.9 to 16 were responsible for the same. Opposite parties Nos. 1,2,4,6 & 7. denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite parties Nos. 10, 11,12 & 14 put in appearance through counsel and filed written statement wherein Opposite parties Nos. 10,11,12 & 14 refuted claim of the complainant and submitted to the extent that the license was transferred in the name of the answering opposite party No.10 vide memo NO. LC 2947 (A+B) Pa(SS2017/29147) dated 16.11.2017 whereby the transfer of license was approved by the Director of the Town and Country Planning Haryana. The Complainant did not have any agreement with the answering opposite parties and booking application form if any was executed that too was executed between the complainant and opposite parties Nos.1 to 8. A list was supplied by SRS Retreat Limited i.e opposite party No.1 to the opposite party No.10 wherein the name of the applicant was mentioned whose booking amount was accepted by the opposite party No.1 and in the same list, the name of the complainant was not mentioned. Opposite parties Nos.10,11,12, & 14. denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. Notice issued to opposite parties Nos. 8, 9, 13 and 16 received back with the report of refusal. Case called several times since morning but none had appeared on behalf of opposite parties Nos.8,9,13 and 16. Therefore, opposite parties Nos. 8,9,13 and 16 were proceeded against ex-parte vide order dated 03.12.2019.
5. The parties led evidence in support of their respective versions.
6. We have heard learned counsel for the parties and have gone through the record on the file.
7. In this case the complaint was filed by the complainant against opposite parties–M/s. SRS Retreat Services Ltd.. with the prayer to: a) hand over the actual, physical vacant possession of the flat No. 707, Type-B, Tower No. A-5, Carpet Area, 482.345 sq. ft. and balconies of the Flat area 97.452 sq. ft. in their project SRS Hightech affordable homes against the above said booking, allotment letter-buyers agreement dated 26.03.2016 to the complainant. b) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 15,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of D.R.Aggarwal, Ex.C-1 letter dated 25.03.2016 regarding allotment of flat/floor in our group housing project,, Ex.C-2 – Allotment letter/Buyer’s agreement, Ex.C-3 – credit note, Ex.C-4 – legal notice, Ex.C-5 – legal notice dated 26.07.2019, Ex.C6 to 36 – postal receipts, Ex.C-37 letter dated 29.08.2014 regarding grant of license for setting up of affordable group housing colony over an area measuring 5.00694 acres in the revenue estate of village Baselwa, Sector-87, Faridabad, Ex.C-38 – letter dated 11.10.2017 regarding application for transfer of license and change in developer of license No. 146 of 2014 in favour of Hightech Construction Co. Pvt. Ltd. Ex.C-39 – LC-IV Agreement by owner/Developer of land intending to set up affordable Group Housing Colony, Ex.C-40 LC-IV-A – Bilateral Agreement by Owner of land intending to set up a group housing colony, Ex.C-41 – Addendum to Collaboration Agreement, Ex.C-42 – licence No. 146 of 2014, Ex.C-43 – letter dated 17.10.2019, Ex.C-44 – board resolution, Ex.C-45 – undertaking,, Ex.C-46 - Company Master data,, Ex.C-47 – receipt,, Ex.C-48 - FIR , Ex.C-49 – antim report.
Shri Parveen Gupta, counsel for opposite parties Nos.1,2, 4, 6 and 7 has made a statement that written statement already filed on behalf of opposite parties Nos. 1,2,4,6 & 7 be read as evidence on behalf of opposite parties Nos.1,2,4,6 & 7. Accordingly, evidence on behalf of opposite parties Nos.1,2, 4, 6 & 7 had been closed vide order dated 06.04.2022.
As per evidence of opposite parties Nos. 10 to 14 – affidavit of Swantarta Kesarwani, authorized officer of M/s. high-tech Construction Company Pvt. Ltd., registered office at D-84, Second floor, Phase-1, Okhla, New Delhi, Ex.R-1 – letter dated 16.11.2017, Ex.R-2 – list of successful applicants, Ex.R-3 – Notification, Ex.R-4 – Resolution, Ex.R-5 - Certificate for Extension of Registration, Ex.R-6 – order dated 10.08.2022.
8. In this case, the complaint was filed by the complainant with the prayer to hand over the actual, physical vacant possession of the flat No. 707, Type-B, Tower No. A-5, Carpet Area, 482.345 sq. ft. and balconies of the Flat area 97.452 sq. ft. in their project SRS Hightech affordable homes against the above said booking, allotment letter-buyers agreement dated 26.03.2016 to the complainant.
9. As per Buyer Agreement vide Ex.C2, page 55 clause 2.8 “ Allottee(s) shall make all payments only through cheques/demand drafts issued in fvour “SRS Hightech Affordable Homes”. Allottee must specify his name, contact number, application number, flat number and project nane at the back side of cheque/demand draft. Cheques/demand drafts accepted by developer shall be deemed to have been accepted subject to their realization.” Ex.C3 it is credit note on page 71. As per BBA page 63 there is a payment schedule. The complainant has not paid any amount as per schedule. The complainant is only showing Ex.C3 which is a credit note. No name has been mentioned on Ex.C3. Even no name was mentioned of the witness also.
On the other hand, counsel for the opposite party argued at length and also discussed about the FIR No. 416, Sector-31. The evidence submitted by the complainant is also 173 Cr.Pc. No doubt there is a FIR against opposite parties Nos.1,2,4,6 & 7. Consumer Disputes Redressal Commission has no jurisdiction when the FIR is registered against opposite parties and also counsel for the opposite parties led in their evidence Ex.R1 to R6. As per Ex.R1 there is a list of persons where the SRS Retreat transferred all the rights to Hightech Company i.e opposite parties Nos.10,11,12 & 14. As per the list of allottees of only 5011 persons. As per list on Sl.No. 560 application No. 2629 Ranveer Singh son of Chhota Singh is the allottee of the apartment in dispute A5 /B/707.
10. After going through the evidence led by the parties, the Commission is of the opinion that the complainant has failed to establish their case. After going through evidence no case is made out as per the evidence submitted by the complainant and he has also failed to establish the payment given to him. Hence, there is no merits in this case. Resultantly, the complaint is dismissed. Copy of this order be sent to the parties concerned free of costs.
Announced on: 06.06.2023 (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.
