Delhi

North East

RBT/CC/241/2022

POONAM MAHTANI - Complainant(s)

Versus

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

04 Jul 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. 241/22

 

In the matter of:

 

		Ms. Poonam Mahtani D/o Sh. Mohandas Mahtani 302 A, Wallace Apartments, Opposite Grant Road Post Office, Mumbai-400007		Complainant
		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		Opposite Party No.1           Opposite Party No.2
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		05.01.18 14.03.23 04.07.23

 

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 facts of the complaint are that the Complainant booked a plot of 135 sq. yard in project “Green Park” Behror, Rajasthan amounting to Rs. 4,79,250/- along with PLC charges, the initial booking amount of 10% i.e. Rs. 47,925/- was duly paid by Complainant through NEFT dated 03.12.13 for which Opposite Party No.1 issued a receipt. The Opposite Party had issued a thanks letter and allotted plot No. 215 in Block A in the said project. The Opposite Party No.2 give assurance to Complainant that the Sale Deed/Conveyance Deed would be handed over to Complainant within 6 months and the possession of plot handed over to the Complainant along with. The Opposite Party booked the plot on assured return basis and Builder Buyer Agreement. A MOU with detailed terms and conditions was executed between the parties, in terms and conditions, it was incumbent upon the Opposite Party to complete the development and construction of the entire project and handover possession as early as possible. It is stated by the Complainant that on the instructions of Opposite Party No.2, the Complainant had paid a sum of Rs. 4,31,325/- to Opposite Party No.1 through NEFT for which receipt was issued by the Opposite Party. The Complainant had paid the entire consideration amount of Rs. 4,79,250/-/- to Opposite Parties. The Complainant time and again demanded for the registration of Sale/Conveyance deed, Opposite Party avoided the request of Complainant on one pretext or the other. On various dates Complainant wrote Opposite Party No.2 to deliver the possession of the said plot but Opposite Party neither replied to the mail nor deliver the possession of the plot to the Complainant and the Complainant had recently came to know that the Opposite Party neither have any right, title and interest over the land nor the Opposite Parties own any land and Opposite Party cannot hand over or transfer the title of carved plot as no permission or no licence have ever been issued to Opposite Party by concerned authorities of govt. of Rajasthan. It is stated by the Complainant that the Opposite Party failed to register the Sale/Conveyance deed within six months after 100 % payment and hand over the possession of the plot to the Complainant. The Complainant sent numerous e-mails, made telephone calls to Opposite Party No.2 and also visited office of Opposite Party No.1 but she only get empty promises and assurances that the plot would be delivered shortly. The Complainant stated that the Opposite Parties failed to register the Sale/Conveyance and handed over the possession of plot within stipulated period of six months, and also the Opposite Parties did not refunded the money. 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. 215 in Block A in the said project at Behror, Rajasthan or in the alternative refund the sum of Rs. 4,79,250/- 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. 4,00,000/- in respect of mental harassment. She has also prayed to pay pendent lite and future interest @ 24 % p.a. on awarded amount till date of payment.
2. 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

3. The Complainant in support of her complaint filed her affidavit wherein she has supported the assertions made in the complaint.

 Arguments and conclusions

4. We have heard Counsel for Complainant. We have also perused the file. The case of the Complainant is that she booked a plot of 135 Sq. yards with Opposite Party for consideration of Rs. 4,79,250/- along with PLC charges. Complainant made full and final payment of Rs. 4,31,325/- to the Opposite Party as demanded by the Opposite Party. Opposite Party had issued thanks letter to the Complainant for the said plot. Complainant sends numerous e-mails, personal visits to the Opposite Party with a request for possession of said plot/refund of his consideration amount. Opposite Parties had neither handed over the possession of the said plot nor refunded the consideration amount paid by the Complainant to them. On the other hand, Opposite Parties did not appear before the Commission even after notice given in the newspaper. Hence, there is a deficiency of service on the part of Opposite Parties.
5. In view of the above discussion, complaint is allowed. Opposite Parties are directed to refund the amount of Rs. 4,79,250/- (total consideration amount paid by the Complainant to the Opposite Party) jointly and severely 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/- jointly and severally to the Complainant on account of mental harassment and Rs. 10,000/- as litigation charges with interest @ 6 % p.a. from the date of this order till recovery.
6.  Order announced on 04.07.23.

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