Delhi

New Delhi

CC/186/2010

Kamlesh Bhatia - Complainant(s)

Versus

M/S. Ansal Properties & Infrastructure Ltd. - Opp.Party(s)

18 May 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/186/10                                                                                                                                                                             Dated:

 

In the matter of:

KAMLESH BHATIA

R/O 403, PACIFIC APARTMENTS,

PLOT-39, SECTOR-10 DWARKA,

NEW DELHI-110027

 

SH. VIKRAM BHATIA

R/O 403, PACIFIC APARTMENTS,

PLOT-39, SECTOR-10 DWARKA,

NEW DELHI-110027

 

 

                   ……..COMPLAINANT

 

VERSUS

 

ANSAL PROPERPTIES INFRASTRURE LTD.

115, ANSALS BHAWAN, 16,

KASTURBA GANDHI MARG,

NEW DELHI-110001

 

 

………. OPPOSITE PARTY

 

 

 

 

ORDER 

MEMBER: RITU GARODIA

        The short facts of complaint are that a booking of flat was made with OP I 1998 and consumer complaint was filed in 2001, on grounds of inordinate delay.  The matter was compromised in year 2004 and replacement booking was made in Ansals Orange C    An agreement was entered into on 4.3.2005at higher price on Rs.1,380 per sq. feet as compared to Rs.1,050 per Sq. feet in earlier booing (Agreement annexed with complaint)  The offer of possession was made vide letter dated 8.12.2008 and possession was handed over on 23.2.2009.  The complaint is that there was downgrading of specifications mentioned in the agreement at the time of possession.  Occupation Certificate was issued only in Oct.,09   The Complainant is also disputing that membership charges and registration charges .  The complainant is also seeking compensation for delayed possession.  OP2 in its reply has stated that original town booked in 1998 was not completed as they were unable to procure approvals fro Haryana Govt.  The town was re-launched again in year 2004 @2500/- per sq. fee which was offered to complainant @1300/- per sq. ft.

        OP1 has also drawn attention to clause 13 and clause 14 of Agreement. 

       

Clause 13 contains delay payment charge of Rs.5 per sq. ft. 15 in any delay in handing over possessions beyond 27 months from date of execution.

 

        Clause 14 states that any delay due to force Majeure including delay in approval from competent authorities company shall pay no compensation for such delay.

 

        OP also alleges that after receiving the approval, possession was immediately handed over and there was no delay.  OP admits that possession letter was issued on9.1.2009 and was negotiation was done on 26.2.2009.   OP also reiterates that there is no discrepancy in club membership charges and registration charges.

       

We have gone through rival contention it is an admitted position by both parties that flat was booked in 1998 and due to lack of approval from Government, it was re-launched in 2004.  The agreement was signed on 4.3.2005 between the parties.  OP has laid emphasis on clause 13 & clause 14 of the agreement.  Clause 13 states that possession to be handed over within 27 months from date of excavation and thereafter delay penalty of Rs.5/- per sq. feet will be given.  OP has nowhere specified the date of excavation.  OP has also drawn attention to clause 14 which disclose that delay due to delay in approval from competent authorities will not attract any penalty.  However, OP’s pleadings are devoid of date of approval. Period of delay in getting approval and reasons for delay in approval.  OP is absolutely silent and as such OP disallowed from taking advantage of clause 14.

        As per club membership charges and registration, there is no evidence adduced by complainant, showing that there are in excess of amount charged from other buyers.

        We, therefore hold OP guilty of deficiency and delay in service and direct OP to pay penalty @ 5 Sq. ft. from4.6.2007 (27 months after date of agreement) to 26.2.2009 when registration was done.  We also award Rs. 30,000/- as compensation for harassment, mental trauma, agony. We also direct OP to pay Rs.10,000/- towards litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 18.05.2015.

 

 

 

 (C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER