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.165/2013
- SH. SHALILESH SINGH
S/OP SH. ASHOK KUMAR SINGH,
R/O C-24, POCKET-6,
KENDRIYA VIHAR,
SEC-82, NOIDA, U.P.
- SMT. HANSRAWATI SINGH
W/O SH. ASHOK KUMAR SINGH,
R/O C-24, POCKET-6,
KENDRIYA VIHAR,
SEC-82, NOIDA, U.P.
- SMT. SURABHI SINGH
W/O SH. SHALILESH KUMAR SINGH,
R/O C-24, POCKET-6,
KENDRIYA VIHAR,
SEC-82, NOIDA, U.P.
…………. COMPLAINANTS
VS.
- M/S SUPERTECH LIMITED,
1114, 11TH FLOOR, HEMKUNT CHAMBER,
89, NEHRU PLACE,
NEW DELHI-110019
- INVESTORS CLINIC
TAPASYA BUILDING
SECTOR-120, NOIDA, U.P.
…………..RESPONDENTS
Date of Order: 19.01.2016
O R D E R
A.S. Yadav – President
The case of the complainants is that they booked a flat on 29.04.2011 through OP-2 in the project of OP-1 namely “Eco Village-I” and paid a sum of Rs.2,85,370/-(10% of total cost price of Rs.28,53,700/-) to OP-1 as booking amount. Complainants were allotted unit No.D-6, floor No.2 and flat No.04(park facing) in Eco Village-I.
After booking the above said flat, complainants followed up with OP for further proceeding number of times but OP-1 conveyed that since Noida Extension matter is pending in the Hon’ble Allahabad High Court, no demand has been raised by them till the matter is resolved. Complainants sent an email dated 01.3.2012 to know the status and further proceedings. Complainants received a reply from OP-1 that their booking was cancelled due to default of payment as booking amount paid by complainant is only 9.8% and not 10%. Thereafter complainant No.1 received a cancellation letter dated 15.02.12 on 14.03.12. Complainant No.1 followed with OP-2 for his cancellation and sent many emails to both OPs for revival but nothing happened. After a lot of mails and phone conversation with OP-1 and OP-2, a meeting was held in the office of OP-1 on 04.8.12 for revival of cancellation and it was agreed that the cancellation will be void and extra amount, if any shall be paid by OP-2 to OP-1. In the meantime OP-1 cancelled the tower No.D-6 in above said project and changed the layout plan of the project and due to this reason OP-1 was not in a position to revive the above said flat.
It is further stated that complainants were left with no choice hence they booked a new unit in tower no.D3, floor No.05, flat NO.503 on 19.9.12 against cancellation of old booking. OP-1 forced complainants to book the new flat with new rate in flexi payment plan @ basic price Rs.2300/sqft(without park facing) and total cost of the flat was Rs.32,75,800/- whereas old basic price was @ Rs.1930/sq.ft. OPs threatened complainant to forfeit the amount paid to OP-1 if they did not agree with new rates. Complainants paid Rs.60,000/- to OP-1 for his new booking on 19.9.12 vide cheque No.917483 however the complainant No.1 received soft copy of receipt on 08.12.12 with attachment of email.
It is further stated that as per the meeting held with City Magistrate Noida on 20.10.12, OP-1 agreed to revive the cancelled flats who have paid 10% of basic sale price plus applicable service tax and OP-1 submitted letter dated 22.10.12 to City Magistrate Noida in this regard. On behalf of this letter complainants had again requested to OP-1 to revive the flat in old rate as they had also paid more than 10% of the basic sale price of the plat plus applicable service tax but OP-1 again threatened the complainants and written complaint of the same submitted to City Magistrate Noida.
It is further stated that complainants received allotment letter dated 09.1.13 for allotment of flat No.503 in tower D3 for his signature in this allotment letter. OP-1 put lots of condition including escalation charge and removed basic facilities from the allotment. OP-1 is not providing many facilities whereas same was promised to the complaints at the time of booking and the same is also available to other bookings in the same project. No demand letter issued by OP-1 to complainant for payment however OP-1 sent a reminder letter to complainants dated 03.1.13.
It is further stated that OP-1 asked complainants to make payment of Rs.2 lakh and only after that they would issue the allotment letter. Complainants paid the required payment vide receipts no.5055663 and 5055666 dated 09.1.13. Thereafter OP-1 issued the allotment letter complaints also found that escalation clause was added in his allotment letter and various other clauses were added in it. Complainant asked OP-1 to grant sufficient time for home loan formalities as the delay was form OP-1 but Op-1 denied to provide any time. On 08.3.12 complainant No.1 received an email from OP-1 which soft copy of letter dated 07.3.12 regarding final notice for payment/cancellaltion for flat Eco Village 1, Unit No.R018D300503. The allotment letter is completely one sided an not at all transparent. They have also not mentioned the flat layout etc. in the allotment letter. Complainants followed up with OP-1 for his query regarding allotment letter but nothing happened till now and loan has been also approved by the financial institution but not disburse to the complainant as allotment letter has yet not been signed till date due to pending issue. OP has adopted deceptive means of trading and have not delivered to the complainants the service as per the contract between the complainants and OP.
It is prayed that OP be directed to make new booking at the basic price Rs.1930/- sq. ft. at which the old booking was made and pay the difference amount of Rs.4,95,800/- to complainants with interest
Nobody appeared for OPs despite service hence OPs were proceeded ex parte. We have heard Ld. Counsel for complainants and carefully perused the records.
In fact there was no justification for cancelling the allotment of complainants in respect of unit No.D-6, flat no.04 in Eco Village-I as complainants had paid the earnest money. On the representation of complainants, the cancellation was withdrawn and it was agreed that extra money, if any, paid by complainants shall be refunded.
It is proved from the unchallenged testimony of the complainants that OP-1 cancelled the tower No.D-6 in above said project and changed the layout plan of the project hence OP-1 was not in a position to revive the above said flat.
Due to this complainants were left with no choice hence they booked a new unit against cancellation of old payment. OP-1 forced complainants to book the new flat with higher rates by threatening complainant to forfeit the amount paid to OP-1 if they did not agree with new rates.
Complainants paid Rs.60,000/- to OP-1 for his new booking on 19.9.12 however the complainant No.1 received soft copy of receipt on 08.12.12 with attachment of email.
As per the meeting held with City Magistrate Noida on 20.10.12, OP-1 agreed to revive the cancelled flats who have paid 10% of basic sale price plus applicable service tax and OP-1 submitted letter dated 22.10.12 to City Magistrate Noida in this regard. On the basis of this letter complainants had again requested to OP-1 to revive the flat in old rate as they had also paid more than 10% of the basic sale price of the plat plus applicable service tax but OP-1 again threatened the complainants.
OP-1 asked complainants to make payment of Rs.2 lakh and only after that they would issue the allotment letter. Complainants paid the required payment vide receipts dated 09.1.13 and thereafter OP-1 issued the allotment letter. Complainants received allotment letter dated 09.1.13 for allotment of flat No.503 in tower D3 for his signature in this allotment letter. OP-1 put lots of condition including escalation charge and removed many facilities as promised at the time of booking. Complainants found that escalation clause was added in his allotment letter and various other clauses were added in it. Complainant asked OP-1 to grant sufficient time for home loan formalities as the delay was from OP-1 but OP-1 denied to provide any time. On 08.3.12 complainant No.1 received an email from OP-1 which soft copy of letter dated 07.3.12 regarding final notice for payment/cancellaltion for flat Eco Village 1, Unit No.R018D300503.
In fact complainants were forced to pay for the new flat at higher rates under fear of forfeiture of their money and despite assurance given to City Magistrate Noida, the needful was not done. It is clear cut case of deficiency in service on the part of OPs.
OPs are directed to allot a new flat to the complainants at the old rates. So far as the other facilities are there, complainants are bound to make the payment as agreed earlier in respect of unit No.D-6. Besides that, if any additional facilities are provided, complainants are bound to pay for those facilities.
Let the order be complied with 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) (A.S. YADAV)
MEMBER PRESIDENT
