DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 113/2019
D. No. _____________________ Date: ________________
IN THE MATTER OF:
1. AMIT JOSHI S/o SH. T. N. JOSHI,
2. Ms. ALKA JOSHI W/o SH. AMIT JOSHI,
BOTH R/o E-14/14, VASANT VIHAR,
DELHI-110057. … COMPLAINANT (s)
Versus
1. SUPERTECH LTD.,
114, 11th FLOOR, HEMKUNT CHAMBERS 89,
NEHRU PLACE, NEW DELHI-110019.
2. INDIABULLS HOUSING FINANCE LTD.,
K-24/25, 2nd FLOOR,
PEARL PLAZA, SEC-18,
NOIDA-201301 (UTTAR PRADESH).
ALSO AT: OFFICE-508-509,
PLAT No.15, 5th FLOOR, NN MALL,
MANGLAM PALACE, SECTOR-3,
ROHINI, NEW DELHI-110085. … OPPOSITE PARTY(ies)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 05.02.2019
Date of decision: 21.10.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants have filed the present complaint against OPs
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under section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainants booked a Flat bearing no. 1206-A/ I-2 admeasuring 890 Sq. Ft. (approx.) super area of ECO Village-IV, Noida Extension from OP-1. The complainants further alleged that when the date of possession was approaching nearby they visited office of OP-1 and saw that construction is not taking place as it should have taken place in ordinary circumstances. They met the manager of OP-1 and asked for cancellation and refund of the amount already deposited in the bank account of OP-1 by OP-2. The complainants further alleged that whenever OP-1 asked for deposit of payment, the same was deposited regularly and on 09.09.2014, the complainants have deposited booking amount by means of a cheque no. 881154 dated 01.09.2014 of Rs.3,75,480/- which was drawn on PNB vide acknowledgment no. ACN-86608 dated 09.09.2014 of OP-1. The complainants and OP-1 entered into subventions scheme by virtue of MOU dated 15.03.2018 and it was agreed that on the event of taking of loan, OP-1 shall pay interest amount and the complainants shall pay principal amount. Allotment letter dated 26.09.2014 was issued by OP-1 to the complainants and OP-1 did not explain about the subventions scheme and about non-payment of EMI which is supposed to be paid to the complainants by depositing EMI amount to the bank account of the complainant no.-1which have been failed. Loan to
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the complainants were sanctioned by OP-2 vide Loan Sanction letter no. 10367262, ref. no. 445582 dated 20.12.2014. OP-2 entered into loan agreement with the complainants vide Loan Agreement no. 212383 dated 08.01.2015 and the terms & conditions have not been explained properly if any fault of OP-1 then where the complainants report to and how can they ask to OP-2 to stop deducting EMI amount from the account of the complainants. OP-2 provided the disbursal letter and re-payment schedule vide agreement no. HHLNOI00212383 dated 15.03.2018 and by virtue of agreement dated 26.09.2014, OP-1 has to pay the interest amount and the complainants have to pay the principal amount to OP-2. The complainants further alleged that from past few months OP-1 has failed to deposit the requisite interest amount which was to be paid for paying EMI to OP-2 is defaulted by OP-1 thereby giving financial hardships to the complainants as the complainants were required to deposit the whole of the amount and that is why OP-2 has been deducting EMI amount from the bank account of the complainant no.-1 and the complainant no.-1 is burden due to non-payment of interest amount to the complainants and irrespective of that OP-2 keeps on deducting EMI amount from the bank account of the complainant no.-1. Due to conduct of OP-1, the complainants have suffered extreme mental agony and continue to suffer financial constrainsand thus OP-1’s acts are clearly unfair, illegal, unlawful and un-called for and thus there is deficiency in service on the part
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of OP-1 and on these allegations the complainants have filed the complaint against OPs with prayers to pass an order against OP-1 directing OP-1 to refund the total paid amount of Rs.7,40,295/- alongwith interest @ 18% per annum, compensation of Rs.2,92,870/- for the losses caused and have also sought Rs.1,00,000/- for causing mental torture, agony etc. and the complainants have also sought pendente-lite and future interest @ 18% per annum till realization of the money, have also sought litigation charges and have also sought directions against OP-1 to foreclose the loan account no. HHLNO100212383 with OP-2.
2. Both the OPs have been contesting the case and have filed their separate reply. OP-2 also filed applicationsu/s 26 and u/s 11(1) of the Consumer Protection Act, 1986 for rejection of the complaint on the ground that this Forum has no pecuniary jurisdiction to try the present case as the value of the complaint exceeds Rs.20 lakhs.
3. The complainants have filed reply to both the applications and have been opposing the same.
4. This Forum has considered the submissions of the Ld. Counsel for the complainants as well as Counsel for OP-2.For the applications Ld. Counsel for OP-2 submitted that the basic sale price of the flat booked and purchased by the complainants is Rs.35,15,500/- and the complainants, admittedly availed the loan facility of Rs.20,00,000/- from OP-2.
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5. The complainants in the complaint have not disclosed about the same but in the reply to the applications the complainants have also not disputed about the same and contended that they are seeking refund of the money of Rs.7,40,295/- which was deposited by the complainants and the complainants also claiming interest on the amount deposited and are also seeking compensation and litigation charges. The complainants have placed on record copy of MOU dated 15.03.2018 entered with OP-1 and copy of allotment letter dated 26.09.2014 issued by OP-1 in favour of the complainants, wherein sale price of the flat is mentioned as Rs.36,42,250/-.
6. In support of his submissions, Ld. Counsel for OP-2 relied on the following authority/case law:
i) Ambrish Kumar Shukla & 21 ORS. Vs. Ferrous Infrastructure Pvt. Ltd. decided by Hon’ble National Commission vide order dated 07.10.2016.
7. The complainants have not disputed the sale price of the flat which was booked to be purchased from OP-1 which is more than Rs.36 lakhs and the complainants have also not disputed the fact that Loan disbursed by OP-2 was Rs.20 lakhs. Thus, the value of the subject matter exceeds Rs.20 lakhs which is beyond the pecuniary limit of jurisdiction of this Forum as per Section 11 (1) of the Consumer Protection Act, 1986. Thus, this Forum has no pecuniary jurisdiction to try the present complaint.
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8. Hon’ble National Commission vide order dated26.04.2017 in case titled as Tushar Batra & ANR. Vs. Unitech Ltd. issued the following directions:
i) The complaint be returned to the complainant (s), alongwith an endorsement containing the date of presentation and return of the complaint, the name of the complainant (s) presenting the complaint and a brief statement of reasons for returning the complaint,
ii) The complaint shall be returned within one week from today alongwith the requisite endorsement and can be presented before Delhi State Consumer Disputes Redressal Commission within 2 weeks thereafter,
iii) The parties shall appear before the Delhi State Consumer Disputes Redressal Commission at 10:30 a.m. on __________,
iv) The State Commission need not issue a fresh notice requiring the parties to appear before it on the aforesaid date.
9. In view of above observations, as this Forum has no pecuniary jurisdiction to entertain and try the present case, the complaint is returned with appropriate endorsements on the complaint to the complainant with the direction to present the complaint before Hon’ble Delhi State Consumer Disputes Redressal Commission within 2 weeks from the date of return of the complaint and be presented before Hon’ble Delhi State Consumer Disputes Redressal Commission within two weeks thereafter and both the parties toappear before Hon’ble Delhi State Consumer Disputes Redressal Commission on 03.12.2019 at 10:30 a.m.
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10. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005.
Announced on this 21stday of October, 2019.
BARIQ AHMED USHA KHANNAM.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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