CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.313/2012

1. SH. I.K. DHAR

S/O LATE SH. D.N. DHAR,

R/O F-502, PRINCE APARTMENTS,

PLOT NO.54, PATPARGANJ, DELHI-92

2. SMT. VIJAY LAXMI

W/O SH. SATENDER SINGH,

R/O C-184, MAHARANA PRATAP ENCLAVE,

PITAMPURA, DELHI-110034

3. SH. NITIN SINGH

S/O SH. SHAILENDRA SINGH

R/O 213, DHRUV APARTMENTS, I.P. EXTN.,

PATPARGANJ, DELHI-110092

4. SH. AMARJEET KUMAR

S/O SH. BIRENDER PRASHAD,

R/O A-414, TOWER 3, 4^TH FLOOR,

ASHIANA UPVAN, INDIRAPURAM,

GHAZIABA, UP-201012

5. SH. ASHOK KUMAR DHAR

S/O LATE SH. D.N. DHAR

R/O DH-602, ABHIMANU APARTMENTS,

VASUNDARA ENCLAVE, DELHI-110096

6. SH. MOHMMAD JAVED

S/O SH. GHULAM SABIR,

R/O B-11/1, OKHALA VIHAR,

NEAR KEHKASHA MASJID,

NEW DELHI-110025

…………. COMPLAINANTS

AND

Case No.312/2012

1. SH. UDAYA KUMAR

S/O SH. N.K. PILLAI

R/O 481, 1^ST FLOOR, SECTOR-V, VAISHALI,

GHAZIABAD, UP-201012

2. SH. MADALA HANUMANTHA RAO,

S/O SH. MADALA BASAVAIAH

R/O D-401, MILAN VIHAR, ABHAY KHAND-3,

INDIRAPURAM, GHAZIABAD, UP-201010

3. SMT. SHWETA JOSHI

W/O SH. VINOD KUMAR

R/O DOOR NO.63-3-39,

NEAR SWAMI VIVEKANANDA SCHOOL,

SRI HARI PURAM, VISAKHAPATNAM,

ANDHRA PRADESH-530011

…………. COMPLAINANTS                                                                                

AND

Case No.298/2012

1. SH. SHARAD GUPTA

S/O SH. HARI SHANKAR GUPTA

R/O A-102, 1^ST FLOOR, RAJU PARK, DEVLI ROAD,

NEW DELHI-110062

2. SH. ASHUTOSH SHARMA

S/O SH. DEVENDER SHARMA

R/O S-185, G.F., SOUTH AVENUE, UPPAL SOUTH END,

SOHNA ROAD, SECTOR-49, GURGAON-122001

3. SH. VARUN SOOD

S/O SH. Y.P. SOOD

R/O EC-394, MAYA ENCLAVE,

DELHI-110064

4. SH. ROSHAN POPLI

S/O SH. M.L. POPLI,

R/O 204, MAHAGUN, MAESTRO, F-21A, SECTOR 50,

NOIDA-201301

5. SH. GAURI SHANKAR GUPTA

S/O LATE SH. RAGHUNATH SAHA

R/O D-302, KRISHNA APRA RESIDENCY, SECTOR-61,

NOIDA-201307

6. SH. HARSH VARDHAN SHARMA

S/O SH. RAMANAND SHARMA,

R/O H.NO.1647, SOHAN GANJ, SABZI MANDI,

DELHI-110007

7. SH. MANISH SANGWAN

S/O LATE SH. RAJINDER SINGH,

ANSAL PALAM VIHAR, GURGAON

…………. COMPLAINANTS

AND

Case No.406/2012

1. SH. HIMANSHU THUKRAL

S/O SH. ARVIND THUKRAL

R/O POCKET-L, FLAT-279, SARITA VIHAR,

NEW DELHI

2. DR. PRAMOD KUMAR PANDEY

S/O SH. BHAGWAT PANDEY

R/O B-223, GROUND FLOOR, GREENFIELD COLONY,

FARIDABAD-121001

3. SH. KAILASH CHAND GUPTA

S/O LATE SH. NARAIN DASS

R/O 3 B-113, G.C. GRAND, VAIBHAV KHAND,

INDRAPURAM, GHAZIABAD-201010

4. MRS. MEERA SHUKLA

W/O DR. SURESH CHAND

R/O E-76, GROUND FLOOR,

STREET NO.3, PANDAV NAGAR, DELHI-110091

…………. COMPLAINANTS

AND

Case No.407/2012

1. SH. AMAAN UR RASHEED KHAN

S/O SH. EHSAN UR RASHEED KHAN

R/O H.NO.63, SECTOR 37, NOIDA-201301

2. SH. SAFULLA KHAN

S/O SH. HAMIDULLA KHAN

R/O B-13, 1^ST FLOOR, PARYAVARAN COMPLEX, SAIDULAJAB,

NEW DELHI-110030

3. MS JYOTI KOHLI

D/O MR. D.R. KOHLI

R/O E-76, GROUND FLOOR, ST-3, PANDAV NAGAR,

DELHI-110091

4. MR. EHSAN UR RASHEED KHAN

S/O SH. ABDUL RASHEED KHAN

R/O H.NO.63, SECTOR 37, NOIDA-201301

…………. COMPLAINANTS

AND

Case No.408/2012

1. SH. JUNAID KHAN

S/O SH. SAFIULLA KHAN

R/O B-13, 1^ST FLOOR PARYAVARAN COMPLEX,

IGNOU ROAD, SAKET,

NEW DELHI-110030

2. SH. DILIP KUMAR SINGH

S/O SH. JAI PRAKASH SINGH

R/O QR. NO.351, GROUND FLOOR, SECTOR-13,

VASUNDARA, GHAZIABAD, UP-201012

3. SH. PURAN SINGH MEHTA

S/O SH. KHARAK SINGH MEHTA

R/O 901, JANTA FLATS, GTB HOSPITAL ENCLAVE,

DELHI-110095

4. SH. SANJAY GARG

S/O SH R.K. GARG

R/O D-680, SARASWATI VIHAR,

PITAMPURA, DELHI-110034

5. SH. UJJWAL MALIK

S/O SH. R.K. MALIK

R/O 3152, MOHINDRA PARK, RANI BAGH,

DELHI-110034

6. SH. BAHORI LAL

S/O SH. TOOKI RAM

R/O RZ-2711-C, GALI NO.30, TUGALKABAD EXTN.,

MAIN JAGDAMBA ROAD, NEW DELHI-110019

…………. COMPLAINANTS

AND

Case No.282/2012

1. SMT. NEERU SETHI

W/O SH. RAJ KUMAR SETHI

R/O P-58, NIRMAL PURI, LAJPAT NAGAR-IV,

NEW DELHI-110024

2. SMT. CHHANDA SARKAR

W/O SH. TAPAS SARKAR

R/O D-588, CHITRANJAN PARK,

NEW DELHI-110019

3. SH. JIT MAL

S/O SH. CHAND MAL JAIN

R/O 65/59, 2^ND FLOOR, NEW ROHTAK ROAD,

KAROL BAGH, NEW DELHI-110005

4. MS. SHWETA

D/O SH. LOKESH CHAND GUPTA

R/O 27 VIDHYA VIHAR, GHAZIABAD, UP

5. SH. VIRENDER KUMAR GANDHI

S/O SH. RAM CHANDER GANDHI

R/O B-1/3, RADIO COLONY, H.P.T. KINGSWAY CAMP,

NEW DELHI-110009

6. SH. SURESH CHAND

S/O SH. BISHAN SWARUP

R/O S-14, WEST JYOTI NAGAR,

BEHIND PARVATI MANDIR, SHAHDARA,

DELHI-110094

7. SH. ANIL KUMAR TANWAR

S/O SH. KISHAN

R/O WZ-II, NARAINA VILLAGE,

NEW DELHI-110028

8. SMT. SAVITA

W/O SH. VIKRAM SINGH

R/O WZ-908, B-2, NARAINA VILLAGE,

NEW DELHI-110028

…………. COMPLAINANTS

AND

Case No.283/2012

1. SMT. GURMEET KAUR

W/O SH. JOGINDER SHAH

R/O D-127, GROUND FLOOR, JHIL MIL COLONY,

DELHI-110095

2. SH. MANISH BHARDWAJ

S/O SH. R.C. BHARDWAJ

R/O 6057/4, SECTOR D-6, VASANT KUNJ,

NEW DELHI-110070

3. SH. DEEPAK GUPTA

S/O SH. N.C. GUPTA

R/O A-19, MOON LIGHT APARTMENTS, 70-I.P. EXTENSION,

DELHI-110092

4. SH. MANVENDRA NATH SINGH

S/O LATE SH. THAN SINGH

R/O X/1837, RED HOUSE PARK MARG,

RAJGARH COLONY, DELHI-110031

5. SMT. RADHA RANI

W/O SH. LOKESH KUMAR GUPTA

R/O 27, VIDHYA VIHAR, GHAZIABAD, UP

6. SH. M.P. SINGH

S/O SH. DAULAT SINGH

R/O 80-A, E-4, UDHYOG VIHAR,

SECTOR-82, G.B. NAGAR-2201304

7. SMT. MEENA KUMAR GOYAL

W/O SH. KAMAL KISHORE GOYAL

R/O 125, VISHWAS ROAD, VISHWAS NAGAR,

DELHI-110032

…………. COMPLAINANTS

VS.

M/S SUPERTECH LTD.,

1114, 11^TH FLOOR, HEMKUT CHAMBER,

89 NEHRU PLACE, NEW DELHI-110019

ALSO AT:- SUPERTECH HOUSE, B-28-29, SECTOR-58,

NOIDA, UP-201307

      …………..RESPONDENT

                                                                                             Date of Order: 20.09.2016

O R D E R

Ritu Garodia – Member

This order shall dispose of the aforesaid complaints as the common question of fact and law is involved.  For the sake of reference, facts of Case No.313/12 are detailed.  In fact in all these cases, there are number of complainants who were permitted to file a single complaint.

The complaint pertains to deficiency in service on the part of OP regarding the delivery of possession of a plot.

Briefly stated the facts relevant to the complaint are that a group of consumer who booked individual plots with OP company in their project “UP Country Project Yamuna Expressway”.  They received offer of possession letter in June 2012.  The said letter is annexed with complaint.  It is pleaded that the complainants were required to pay extra changes over the outstanding balance.  The letter also requires them to execute a maintenance agreement and deposit of extra charges before executing the sublease/Lease deed for possession of the plot.  The said charges are alleged to be illegal.  OP also imposed 24% interest if outstanding dues were not paid by 05.07.2012.  Complainant visited OP and corresponded time and again for the withdrawal of the charges.  Complainant has also alleged that the some clauses of standard terms and conditions in the agreement are arbitrary and unfair and these be disallowed.  Complainant prays for quashing of these extra charges levied by OP and the possession of plots to be handed over to the complainant.  They also pray that no maintenance agreement be executed and for settlement of interest imposed on them alongwith a compensation for the delay in possession.

OP in its reply has stated that the value of each plot is more than Rs.20 lakhs and therefore, beyond the pecuniary jurisdiction of the Forum.  It is also imputed that these cases may be referred to arbitration as per the clauses incorporated in the complaint.  It is further stated that the agreement must be accepted or rejected in totality.  It is stated that 78 allottees have paid the charges and received possession of the plot.  The complainant has not made payment after offer of possession.  As per clause 5.2 of agreement, the execution of maintenance agreement is mandatory.  The offer of possession has been given within 180 days of the promise date of possession and as such there is no delay.  OP has also relied in the terms and conditions:-

“Possession of the Unit:-           The possession of the unit shall be delivered after execution of the sale/sub-lease deed in favour of allottee/s and on payment of the entire cost of the unit and facility charges, registration charges and any other charge/s as may be intimated by the company or on the due date of possession.”

OP has also provided detailed explanation for all the additional charges.

The complainant had also filed copy of Right to Information(RTI) application to Yamuna Expressway Industrial Development Authority(YEIDA) alongwith response supplied by YEIDA.

Perusal of different possession letters shows that they were all made on a latter half of June.  It is accompanied by full and final statement of account.  The details are reproduced:-

“Full & Final Statement of Account

Project: UP Country   

Customer ID                                                                              :           1054650

Customer Name                                                                        :          Amarjeet Kumar 

Unit No.                                                                                    :           R0230C00128

Area Sq. ft.                                                                               :           150 sq. yrd

Rate(BSP)                                                                                 :           13500/-

Payment Plan                                                                            :           TLF

1. Total Cost(As per Allotment Letter)                         :           2500000/-

Possession Charges for Plot holder                            

1. Interest on delay payment (As on 20.06.2012)                       :           18530/-
2. Water Facility charges                                                         :           15000/-

   (includes water connection charges, Meter Installation Charges,

    Expense for line connection from main line to individual plot)

3. Electricity Facility Charges(Rs.35000+S.Tax)*                       :           39326/-

   (includes Electricity connection charges, Meter Installation Charges

    and Expense for wire connection from feeder pillar to individual plot)

4. Advance Maintenance Charges @ Rs.13/- per Sq.Yds+ S.Tax*:         26292/-
5. One time charges for damages, wear & tear and additional House :   60000/-

   keeping Occurring during construction

6. Interest free refundable security against construction                        :           75000/-

2. Total Possession Charges                                                  :           234148/-

(i+ii+iii+iv+v+vi)

Sale /sub lease deed charges:-                                            :           25000/-

• Miscellaneous charges(For execution of sub lease deed)            :           25000/-

(C)  Total Sale/Sub lease deed charges

Total cost of the plot(A+B+) (in Rs.)                                    :           2759148/-

Less:- Total amount Recd.(As on 19.06.2012)                       :           1518750/-

Net Dues(In Rs.)                                                                 :           1240398/-

  Rupees in ‘Words:Rupees Twelve Lakhs Forty Thousand Three Hundred Ninety Eight Only.”

The RTI by YEIDA states that sublease can be executed by OP in UP Country Township Project through tripartite agreement with YEIDA.  No sub lease has been registered on the said project with any of parties.  No completion/occupancy certificate has ever been applied by OP regarding this particular project.

I

It is clear from the reply given by YEIDA that OP was not in position for handing over possession when offer of possession was made.  OP has not even applied for completion certificate.  The letter offering possession has also asked for sale/sub lease without any intention of getting the deed/sub lease registered.  It stands established that OP, in order to wriggle out of clauses in its agreement with the buyers, had issued offer of possession in 2012 to defeat legitimate right of ordinary home buyers.

The consumers are well within their right to file complaint when there is commonality of interest and due permission has been sought form District Forum u/s 12 (c) of Consumer Protection Act.  It is well settled proposition that   remedy provided u/s 3 of CPA, 1986 is an independent and additional remedy and existence of arbitration clause in agreement to settle dispute will not debar Consumer Forum.  OP by offering possession without even applying for completion certificate which is mandatory requirement for execution of sub lease deed with the concerned statutory authority, has indulged in deceptive trade practices which comes within the definition of unfair trade practice.

Hence holding the letter issued by OP for offer of possession in June 2012, as being against principle of justice and equity, we set aside the letter offering possession of flat.  As for the other reliefs prayed for by the complainant regarding maintenance agreement and possession, both parties will be bound by terms of agreement.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT