Delhi

North East

RBT/CC/240/2022

VIKAS KALIA & ANR. - Complainant(s)

Versus

M/S USP DEVELOPER PVT.LTD. & ANR. - Opp.Party(s)

16 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

RBT/Complaint Case No.240/22

 

In the matter of:

 

 

	Mr. Vikas Kalia S/o Sh. Inder Prakash Sharma R/o 17-C, DDA Flats, Ber Sarai, New Delhi-110016   Mrs. Yogita Kalia W/o Mr. Vikas Kalia R/o 17-C, DDA Flats, Ber Sarai, New Delhi-110016	Complainants
	Versus
1.         2.	M/s USP Developers Pvt. Ltd. Office at: H-10/103, Express Arcade, Opposite Fun Cinema, Netaji Subhash Place, Pitampura, New Delhi-110034   Mr. Prem Shankar Gupta (Managing Director) M/s USP Developers Pvt. Ltd. Office at: H-10/103, Express Arcade, Opposite Fun Cinema, Netaji Subhash Place, Pitampura, New Delhi-110034   Also at: Mr. Prem Shankar Gupta House No.-30, Block-A2, Nehru Gali, Sant Nagar, Delhi-110084	Opposite Party No.1             Opposite Party No.2

 

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

27.12.17 06.09.22 16.01.23

 

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that being influenced by the advertisement of Opposite Party Complainant booked a flat of 200 sq. yard in project “Green Park” Behror, Rajasthan amounting to Rs. 7,10,000/- alongwith PLC charges with an initial booking amount of 10 % of sale price which was paid by Complainant No.1 through cheque dated 03.07.13 and Opposite Party  No.1 issued a receipt bearing no 1015 dated 04.07.13. Thereafter the Opposite Party issued allotment letter to Complainant No.1 vide letter reference no. USP/GP-19 and allotted plot no. 478 in block B. Opposite Party No.2 assured the Complainant that sale/conveyance deed would be registered within 6 months and possession was handed over to Complainant within 24  months on receiving the full payment  of plot. The Complainant submitted that on instructions of Opposite Party No.2 Complainant paid a sum of Rs. 2,84,000/- to Opposite Party No.1 through cheque with receipt no. 2619 dated 31.08.13. Then the Complainant paid Rs. 3,55,000/- to Opposite Party No.1 through cheque with receipt no. 1613 dated 16.10.13, in this manner the Complainant had paid the entire sale consideration amount and also request Opposite Party to change booking of plot in the name of his wife i.e. Complainant no. 2 and receipt 2619 dated 31.08.13 was issued on the name of Complainant no. 2. The Opposite Party did not provide any document in the change of booking of plot in his wife’s name and also the Opposite Party changed his plot no. from B-478 to B-378 without any consent or intimation to him. The Opposite Party issued 18 post-dated cheques of Rs. 7,100/- each drawn on axis bank in favour of Complainants towards discounted price of the plot as assured returns. The very first of these eighteen cheque bearing no. 010875 was deposited on 26.11.13 was bounced and upon Complainant speaking with Opposite Parties the same was credited on 05.12.13 through NEFT, the cheque bearing no. 010880 dated 08.03.14 was deposited on 10.03.14 is also bounced and upon following up with the Opposite Parties the same was credited on 03.04.14 through NEFT. Similarly, cheque bearing no. 010883 dated 08.06.14 deposited on 11.06.14 also bounced and the Opposite Parties once again on being approached by the Complainants, credited the cheque amount through NEFT on 02.07.14. The cheque bearing no. 010885 dated 08.08.14 deposited on 09.08.14 also bounced and despite repeated requests, the same has not been credited till date. Thereafter, the Complainants spoke to Opposite Parties regularly complaining about empty commitments made by the Opposite Parties but Opposite Parties failed to respond and it seems that the Opposite Parties had neither any intention to pay the balance of discounted price as promised at the time of booking nor handover the possession of the plot in time. On one such occasion, the Opposite Parties mentioned to the Complainant no.1 that he should not deposit the cheques until further notice as the Opposite Party shave no money in the bank to honour any promise of payment made.  
2. On 16.03.15 and 17.12.15 the Complainant wrote to Opposite Party No.2 to deliver the possession but the Opposite Parties neither replied to the mail nor delivered the possession. The Complainant stated that Opposite Party have no permission or licensed issued to them by the concerned authorities of Rajasthan. The Complainant submitted that Opposite Parties failed to honour the discount on the price of plot through post-dated cheques and also failed to register sale/conveyance deed within 6 months and Opposite Party failed to handover the possession of the plot after 100% payment of plot. Hence this shows deficiency on the part of Opposite Parties. Complainant has prayed either the Opposite Party hand over the possession of the plot bearing No. 478 in Block B in the said project at Behror, Rajasthan as per the allotment letter dated 18.07.13 or in the alternative refund the sum of Rs. 7,10,000/- being the total consideration paid by the Complainant towards the booking of plot along with interest @ 24 %  from the date of payment of the amount till filing of complaint and for Rs. 5,00,000/- in respect of mental harassment. He has also prayed to pay pendente lite and future interest @ 24 % p.a. on awarded amount till date of payment.
3. None has appeared on behalf of Opposite Parties to contest the case despite being publication in the newspaper “Veer Arjun”. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 19.02.19

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

 

 

Arguments & Conclusion

5. We have heard the Complainant and we have also perused the file as well as written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
6. In view of the above discussion, complaint is allowed. Opposite Parties are directed to refund the amount of Rs. 7,10,000/-(total consideration amount paid by the Complainant to the Opposite Party) to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Parties are also directed to pay  Rs. 50,000/- to the Complainant on account of mental harassment and  litigation charges with interest @ 6 % p.a. from the date of this order till recovery.
7. Order announced on 16.01.23.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President