Delhi

New Delhi

CC/326/2018

Ranjana Gupta - Complainant(s)

Versus

M/S. Ansal Landmark Township Pvt.Ltd. - Opp.Party(s)

31 Mar 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC-326/2018

IN THE MATTER OF:

Mrs. Ranjana Gupta

W/o Jai Prakash Gupta

B-5/18, Krishna Nagar

Delhi-110051                                                      

...Complainant

VERSUS

1. The Managing Director,

Ansal Landmark Township Pvt. Ltd.

210, Ansal Bhawan

16, Kasturba Gandhi Marg,

New Delhi-110001

 

2. The Company Secretary

Ansal Landmark Township Pvt. Ltd.

210, Ansal Bhawan

16, Kasturba Gandhi Marg,

New Delhi-110001

 

3. Ansal Landmark Township Pvt. Ltd.

210, Ansal Bhawan

16, Kasturba Gandhi Marg,

New Delhi-110001                                                                                                                       .…Opposite Party

 

Quorum:

 

Ms. Poonam Chaudhry, President

Mr. Bariq Ahmad, Member

Mr. Shekhar Chandra, Member

                                                          Date of Institution  : 28.08.2018

 Date of Order     : 31.03.2023

 

ORDER

Shekhar Chandra, Member:

 

The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief facts of the present complaint are as follows:

1. The complainant had purchased a plot No. 4AB 0137, Sushant City, Meerut from the opposite party No. 3 herein. The complainant completed all the formalities for transfer of the abovementioned plot in her name and paid all the charges as demanded by the opposite party No. 3 as far back as in September, 2012.
2. The complainant states that she received a communication dated 15^th March, 2013 from the opposite party No. 3 demanding to deposit a sum of Rs. 1,84,803.81 towards the balance cost and other charges so that the process for registry of the plot is initiated. Details of the charges asked for have been tabulated by the complainant in her complaint. It was also mentioned in the said communication that in case the complainant fails to clear the dues before the due date, interest @ 18% per annum shall be charged in terms of Clause No. 5 of the Allotment Letter/Agreement.

 

3. Pursuant to the aforementioned communication, the complainant deposited with the opposite party No. 3 a sum of Rs. 1,84,803.81 vide cheque dated 30^th March, 2013.
4. After making the payment as demanded by the opposite party No. 3, on 4^th June, 2013 the complainant enquired from the opposite party No. 3 about the process of the registry and its status. She was informed that it will take another two months to initiate the process.
5. In the year 2014 complainant again enquired from the opposite party No. 3 through email but there was no concrete answer from the opposite party No. 3.
6. The complainant further submits that she received one more communication dated 25^th April, 2018 from the opposite party No. 3 with the title ‘Offer of Possession’ whereby Rs. 1,24,922.64 more was demanded by the opposite party No. 3 towards ‘other charges payable’. Complete breakup has been given by the complainant in her complainant. This communication also contains the same warning that if she fails to pay the amount before the due date, she shall be liable to pay interest @ 18% per annum in terms of the Allotment Letter/Agreement.
7. The complaint submits that during the last five years when initially she made the payment in the year 2013 to the opposite party No. 3, no action was taken by the opposite party No. 3 to execute the registry of the plot in favour of the complainant inspite of serious persuasion by the complainant.
8. It is alleged by the complainant that same amount but without interest was demanded by the opposite party No. 3 from the other allottees vide communication dated 25^th April, 2018 whereas the complainant’s money was kept by the opposite party No. 3 to enrich itself for the last five years. Thus complainant has been put in more disadvantageous position as compared to the other allottees. The complainant further states that she has not only been deprived of her valuable funds or interest but put to more mental agony and stress by the opposite party No. 3. 
9.  The complainant served a legal notice dated 6^th July, 2018 on the opposite party No. 3 and asked it to pay interest over the amsount already paid  @ 18% per annum compounded annually within 15 days but there was no response from the opposite party No. 3.
10. Thus this complaint before this Commission with the prayer to direct the opposite parties to refund the amount of Rs. 40,000/- charged towards ‘Power Back Up Charges” with interest @18% per annum compounded on Rs. 1,29,637.82 charged towards the “Other Charges Payable” in advance i.e. from 30^th March, 2013 till the date of realization.
11. We have gone through the record. The opposite parties were served with the notice of this complaint. Counsel for the opposite party put in his appearance on 28^th February, 2019 and sought time to file written statement. However, written statement was not filed by the opposite parties and the defence of the opposite parties was struck off vide order dated 7^th May, 2019.
12. Two folds grievances of the complainant – one that when other similarly situated allottees are being demanded “Power Back Up Charges” in the year 2018 why she was compelled to pay Rs. 40,000/- towards “Power Back Up Charges” five years in advance i.e. on 15^th March, 2013 and (2) how can the opposite party No. 3 adjust the amount of Rs. 40,000/- paid by her in the year 2013 towards tax liability  -SGST+CGST when she had already paid all the taxes in the year 2013 itself. Thus she submits that she cannot be asked to bear the tax liability again as it amounts to cheating. She, therefore, prays that in addition to Rs. 40,000/- paid by her in advance in the year 2013, she be also paid interest @ 18% per annum compounded on Rs. 1,29,637.82 which is lying with the opposite parties for the last five years in advance.
13. We do feel that there is force in the submissions of the complainant. We, therefore, direct the opposite parties to pay/refund Rs. 40,000/- to the complainant with interest @ 12% per annum. The opposite parties shall also pay interest over the amount paid on 15^th March, 2013 i.e. Rs. 1,29,637.82 @ 12 % per annum from the date of deposit till realization, within four weeks from the date of receipt of this order. Failing to refund/pay within four weeks, the complainant shall be entitled to enhanced interest @ 18% per annum. The complainant shall also be entitled to compensation of Rs. 25,000/- and Rs. 20,000/- towards litigation expenses.

A copy of order be sent to all the parties free of cost. The order be also uploaded in the website of the Commission.

File be consigned to the record room with a copy of the order.

 

 

[Poonam Chaudhry ]

                                                                                                         President

 

                  [ Bariq Ahmad]                                                                                                       [Shekhar Chandra]

                           Member                                                                                                                                 Member