DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.68/2013
Sh. Sunil Sharma
S/o Late Sh. K. C. Sharma
R/o 96/2, Patparganj Village,
Delhi-110091 ….Complainant
Versus
Sh. Harpreet Singh,
Director
VXL Realtors Pvt. Ltd.
5th Floor, Ajit Singh House,
12, DDA Commercial Centre,
Yusuf Sarai, New Delhi-110049 ……Opposite Party
Date of Institution : 07.02.13 Date of Order : 12.10.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
O R D E R
Complainant’ case, in short, is that he had booked a flat with in the proposed Indirapura project “Eastern Heights” and paid Rs.1,48,500/- towards booking amount. 19.02.07 the OP issued a allotment letter and allotted a flat No.806, Block D, 8th Floor, measuring 900 sq. yds. approximately. The complainant till 17.03.08 deposited a total sum of Rs.5,80,388/- with the OP in accordance to their demand. But thereafter the OP neither contacted the complainant nor handed over the possession of the flat to him as the above project had already been completed and OP had handed over the possession of the flats to other allottees and in case of the complainant the OP neither informed the complainant through any means and handed over the possession of the allotted flat. The complainant approached the OP various time to know about the status of his flat but he never got any positive response from the OP. The officials of the OP always avoided the complainant and always took one excuse to another and due to the negligence of the OP the complainant is deprived from getting possession of his flat despite huge investment. Hence, pleading deficiency in service and unfair trade practice on the part of OP the Complainant has filed the present complaint for issuing the following directions to the OP:
- Direct the OP either to hand over the peaceful vacant possession of the flat in the Indirapuram Project Eastern Heights of the OP after receiving the balance amount without any delay.
- Direct the OP to return the deposited amount of Rs.5,80,388/- to the Complainant alongwith interest @ 18% per annum with a compensation of Rs.2 lacs as damages for mental agony and harassment suffered by the complainant.
- Direct the OP to pay Rs.5,00,000/- to the complainant for negligence in service.
- Direct the OP to pay Rs.5,00,000/- to the complainant for mental pain and agony suffered by the complainant.
- Direct the OP to pay Rs.30,000/- as litigation charges.
OP in the written statement has inter-alia pleaded that the present complaint is not maintainable because the Forum has not got territorial jurisdiction as the site of the subject flat is located at Ghaziabad (UP). The complainant has not made the payment of the cost of the flat and other necessary charges as per allotment letter of the flat booked by him. As per the allotment letter “possession of the independent unit shall be offered to the allottee/s only after execution of the Sale Deed of the unit duly registered in favour of the allottees. The sale deed shall be executed only after the entire payment are cleared by the allottees”. The complainant has not made the payment for the said dues and therefore is not entitled for the relief as prayed and therefore the complaint is liable be dismissed with heavy cost. It is submitted that as per the terms of the allotment agreement duly signed between the parties, if the allottee wants to refund the money deposited by him the same can be made subject to deduction of 20% of the basic cost of the flat without any interest. OP has prayed for dismissal of the complaint.
Complainant has filed a rejoinder and reiterating the averments made in the complaint.
Complainant has not filed his affidavit in evidence. On the other hand, affidavit of Sh. Harpreet Singh Director of the OP has been filed in evidence.
Complainant has filed written arguments. OP has not filed the written arguments.
We have heard the arguments on behalf of the complainant and have also gone through the file very carefully. However, no one has appeared on behalf of the OP to advance oral arguments despite opportunity given in this regard.
Undeniably the registered office of the OP is in Yusuf Sarai, New Delhi which falls within the territorial jurisdiction of this Forum. Hence, this Forum has the territorial jurisdiction to entertain the complaint.
Admittedly, the Complainant had applied for a flat admeasuring 900 sq. yds. in the “Eastern Heights, Indirapuram with OP and paid Rs.5,80,388/-. The complainant as filed the registration form which we mark as Annexure-1 . The complainant made the payment and the OP issued various receipts. We mark the same as Annexure-2. Letter of allotment is Ex. CW-1/2. The legal notice was issued on 18.09.2012 as CW-1/3. The OP vide letter dated 26.03.09 informed the complainant regarding progress of the project as Ex.RW1. OP again vide letter dated 07.11.09 informed the complainant that they will hand over the flat at the earliest possible date. The OP vide letter dated 08.05.2010 informed the complainant that they have increased the area from 1005 sq. ft. to 1037 sq. ft. as Ex. RW2. The OP vide letter dated 22.06.10 requested the complainant to remit the payment of Rs.142828/- failing which booking shall stands cancelled and the amount shall refunded as per the company policy. We mark the same as Annexure-3 for purpose of identification. The OP again sent a letter to the complainant on 17.11.10 wherein he has requested the complainant to pay Rs.84248/- within 7 days as Annexure-4. The OP on 26.12.10 again requested the complainant to pay outstanding payment within 7 days failing which booking shall stand cancelled and the amount after deduction as per letter of allotment will be paid as Annexure-5. The OP published in the Statesman newspaper that the other allottees including the complainant were asked to deposit the amount as EX. RW-1/4. The OP vide letter dated 26.02.11 informed the complainant regarding cancellation of the flat and requested the complainant to visit the Head Office with original document and take his refund amount and there will be no lien on the said booking w.e.f. 26.02.11 as Ex. RW5.
It is evident from the records, that the complainant had not made the full payment to the OP despite repeated reminders issued by the OP. The OP vide letter dated 26.02.11 advised the complainant to deposit all the original documents to take the refund amount, but the complainant has not placed on any record any document to show that he visited the OP with all the original documents to get his refund. We hold that there is no deficiency in service on the part of the OP but the complainant was a defaulter in making the payment of the amount as per agreement.
In view of the above discussion, we partly allow the complaint and direct the OP to refund Rs.5,80,388/- alongwith interest @ 6 % per annum from the date of filing of the complaint till realization, within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.5,80,388/- with interest @ 9% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 12.10.18.
