District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 423/2023.

 Date of Institution: 05.07.2023.

Date of Order:.21.08.2023.

1.                     Mirza Haider Ali Baig, Age 44 years son of late Shri Mirza Asad Raza Baig, r/o S 13/1, Ist floor, Jogabai Extn. Jamia Nagar, South Delhi, Delhi – 110 025.

2.                     Arti Mirza, age 45 years wife of Sh. Mirza Haider Ali Baig, R/o. S13/1, Ist floor, Jogabai Extn. Jamia Nagar, South Delhi, Delhi – 110 025.

                                                                        …….Complainants……..

                                                            Versus

1.                     M/s. Vashisth Estates Ltd. Having its office at D-84, Second Floor, Okhla Industrial Area, Phase I, Delhi. Through its Director Shri Surender Kumar Vahisisth and Sh. Swatantra Kesarwani  previously known as Hitech Construction Co. Pvt. Lrd. And prior to that known as SRS Retreat Services Limited,

2.                     Sh. Surender Kumar Vahsisth, Director of M/s. Vashisth Estate Ltd. Having its office at D-84, Second floor, Okhla Industrial Area, Phase-1, Delhi.

                                                                                     …Opposite parties

BEFORE:                  Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

PRESENT:                Sh. Deepak Gera ,   counsel for the complainant.

                                    Sh. M.S.Chauhan , counsel for opposite parties Nos.1 to 3.

ORDER:                   

                                    In this complaint, the complaint was filed by the complainant with the prayer to give possession of the allotted flat in the name of the complainants.

                                    The complainant has also filed the application for stay in which it has been prayed that opposite parties may kindly be restrained form cancelling the flat.  Reply to application has been filed.

                                    Heard.

2.                                 Counsel for the opposite party argued at length that  allotted flat in question has been sold to other party.  Now we have only flat No. 903 (C-type) for the sale.  The complainant inspected the flat in question and suffered a statement that on “16.08.2023 I visited the site office of opposite party where they have shown me a flat in tower A-4, flat No. 903 (C-type). That at the time of booking the price difference between Type-C and Type-D flat was Rs.68,524/-.  The copy of old price list is Mark A.  That at present on the official website of opposite party the price difference between Type-C and Type-D flat was Rs.77,449/-.  The copy of present price list is Mark B. That I am ready to pay the difference amount of Rs.68,524/- for flat in towerA-4, flat No. 903 (C-type).

                                    On the other hand, Shri M.S.Chauhan, counsel for the opposite parties has made a statement that “upon the instruction of the opposite parties we do not have any objection to give the flat to the complainant as discussed on 16.08.2023 but the flat will be given subject to the revised rate of 4200 rupees per square and further subject to making the full and final payment of the flat.”

3.                     After going  through the statements given by both of the parties, the Commission is of the opinion that initially the flat in question was allotted @ Rs.4000/- per sq. Now the opposite party has suffered a statement for @ Rs.4200/- per sq. and  they have sold the   allotted flat  due to non payment of the flat in question by the complainant. Now counsel for the complainant has suffered a statement that they are ready to take the flat at the rate of Rs.4100/- per sq. in single time payment.

4.                     Keeping in view of the above statements, the Commission is of the opinion that opposite parties have sold the flat in question without notice and reminder to the complainant and the opposite parties did not refund the money to the complainant till now.  Opposite parties are directed to allot Flat No. 903 2 BHK (C-Type) at the rate of Rs.4100/- per sq. and the complainants are also directed to pay the balance amount in one short alongwith interest (as per agreement). Application for interim  relief is allowed and  the main  complaint is disposed off accordingly. Compliance of this order be made within 30 days from the date of receipt of copy of order.  In case of non compliance of order, opposite party is directed to pay Rs.1,00,000/- as compensation to the complainant. Copy of this order be sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:  21.08.2023                                               (Amit Arora)

                                                                                                     President

                         District Consumer Disputes

             Redressal  Commission, Faridabad.

                                                            (Mukesh Sharma)

                  Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.

                                                            (Indira Bhadana)

                  Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.