Delhi

North East

CC/8/2014

Dinesh Chand - Complainant(s)

Versus

M/S Super Real Tech Pvt. Ltd. - Opp.Party(s)

21 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.08 of 2014

 

In the matter of:

 

1     2	Shri Dinesh Chand S/o Shri Ram Prasad Jyant   Smt. Kavita Lata W/o Shri Dinesh Chand   Both R/o 113-B, Pocket-E, Dilshad Garden, Delhi-110095.	Complainant
	Versus
	M/s Super Real tech Private Limited 4, Basement Floor, Savita Vihar,  Delhi-110092.	Opposite Party

 

	DATE OF INSTITUTION:	01.01.2014
	DATE OF DECISION      :	21.07.2017

 

Nishat Ahmad Alvi, Member:-

ORDER

1. As per complaint complainants, on 23.11.2011, booked a flat in the project of OP namely Oxy Homez in village Behta Hazipur, Loni, Ghaziabad, UP. The cost of the flat was agreed between the two as Rs. 18,84,800/-.(Rupees Eighteen Lacs Eighty Four Thousand and Eight Hundred only) Out of this amount complainants paid Rs 35,000/-(Rupees Thirty Five Thousand only) as booking amount and they have paid Rs. 4,00,000/- (Rupees Four Lacs Only) approximately till date.
2. In the May 2012 OP informed complainants that the flat is ready for possession so that complainant may arrange for the balance amount. Therefore, complainants got a loan sanctioned from their banker in June 2012. But when complainant approached OP to, pay balance amount and receive possession of flat allotted being No. H-0809, OP told them that the flat has been cancelled. Reason for the cancellation was not told by the OP even after request. As per agreement between the parties, para 14 thereof specifically shows that OP shall complete the flat for possession upto 31.12.2013.
3. Prior to cancellation of flat OP has not served any notice for the same which shows malafide of OP and the action of OP is highly illegal, unlawful and objectionable. Complainant served a notice dtd. 16.10.13 on the OP but all in vain. There being deficiency in service and unfair trade practice on the part of OP it is liable to pay compensation also. Complainant has prayed for grant of directions to the OP to hand over possession of flat to complainant with Rs. 1,00,000/- (Rupees One Lac Only) compensation and litigation cost of Rs. 11,000/- (Rupees Eleven Thousand Only).
4. After service, OP by filing its reply, taking the plea of, complainant not being a consumer of OP and this Forum having no territorial jurisdiction, has denied the contention of complainant that there was promise by OP to handover possession of the flat in May 2012. OP also denied that in June 2012 complainant approached OP to deposit the balance amount. Payment of Rs. 4,00,000/- (Rupees Four Lacs only) is also denied by OP. As per OP it cancelled the flat in pursuance of terms and conditions of the agreement which was duly informed to the complainant by issuing notice on its behalf. Legal notice of the complainant was duly replied by it. There is not deficiency of service on its part and complainant is not entitled for any compensation. OP has prayed for dismissal of complaint.
5. In rejoinder to reply complainant reiterating contents of complaint asserts that they are very much consumer of OP and this very Forum has jurisdiction of present complaint. OP has failed to give possession of flat even after the complainant had already arranged the balance amount to be paid to OP.
6. Complainants filed their affidavit of evidence. But OP failed to file the same despite many opportunities. Hence its opportunity to file the same was closed vide order dated 4.7.14.
7. Heard and perused the record.
8. Complainant has placed on record copy of application for allotment alongwith receipts of booking amount of Rs. 35,000/-. Receipts dated 10.02.11 issued by OP for a sum of Rs. 53,303/- and allotment cum demand letter dated 6.3.11, acknowledging receipt of Rs. 86,084/- and showing dues payable as Rs. 2,02,031/- and demand notice dated 10.12.11 for Rs. 2,90,333/-, acknowledgement dated 31.1.2011 for Rs. 53,303/-, and acknowledgement dated 26.3.2011 for Rs. 2,02,031/-, Receipt of Rs. 35,000/-. Copy of apartment buyer agreement between complainant and OP. Sanction letter dated 28.2.2012 by LIC Housing Finance Ltd. granting sanction for a loan of Rs. 14,90,000/-  (Rupees Fourteen Lacs Ninety Thousand only) and notice dated 16.10.2013 issued by counsel for complainant to OP. OP has filed no other document than a copy of reply of notice only.
9. Perusal of the documents filed by complainant show that OP had allotted Type-A flat bearing No. H-0809 measuring 950 sq ft. in its project Oxi Homez. The agreement shows that this flat was allotted against cost of Rs. 18,84,800/-(Rupees Eighteen Lacs Eighty Four Thousand and Eight Hundred only). As per para 14 of the agreement OP undertook to complete construction of the flat latest by 31.12.2013 and to offer possession by issuing a letter for the same to complainant latest by 31.12.2013. In case there is any delay on part of OP in offering possession due to any reason except, the conditions as stated in para 15-which states that this condition is not applicable where the things are beyond the control of OP, OP shall be liable to pay compensation @ Rs. 5/- per square feet per month for the period of delay. Receipts of the amount received by OP shows that till 10.12.2011 complainant had paid total amount of Rs. 3,87,111/- (Rupees Three Lacs Eighty Seven Thousand One hundred Eleven only) to the OP, as also acknowledged by the OP itself by way of its reply of notice, placed on record. We find nothing on record in support of OP’s allegation that complainant didn’t adhere to the terms and conditions of agreement due to which OP cancelled the flat. We also find no fact or document to show as to what was the procedure to be adopted for such alleged cancellation and how OP followed procedure.
10. On the basis of above said findings complainants have successfully proved their case that they have satisfied all the demands of the OP in part payment of cost of the flat and for rest of amount they were ready with funds by way of loan sanctioned by LIC Housing. While OP has failed to explain and prove any valid reason for alleged cancellation of flat. Thus cancellation if any is null & void.
11. Therefore, we hold OP guilty for adopting unfair trade practice by illegally cancelling the allotment of the flat and for deficiency in service by not providing possession of flat in question in time, as per the agreement, and also by not providing the same till date, even after receiving all demanded amounts and complainant being ready to pay the remaining amount. Thus, we direct the OP to

1. Handover possession of the flat bearing no. H-0809, in Oxy Homez, Village Beheta Hazipur, Loni, Ghaziabad, UP after receiving Rs. 14,90,000/- (Rupees Fourteen Lacs Ninety Thousand only) the remaining amount without any interest thereon; and
2. Pay a compensation of Rs. 50,000/-  (Rupees Fifty Thousand only); and 
3. Pay Rs. 5,500/- (Rupees Five Thousand Five Hundred only) as litigation cost

to complainant.

12. This order shall be complied with by the OP within 30 days from the receipt hereof.
13. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
14. File be consigned to record room.

(Announced on  21.07.2017)          

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member