Delhi

New Delhi

CC/696/2014

Neeraj Jain - Complainant(s)

Versus

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

07 Dec 2016

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./696/2014                                       Dated:

In the matter of:

 

Smt. Neerja Jain

W/o Sh. P.K. Jain,

R/o House No.88, Arihant Nagar,

Punjabi Bagh West,

 New Delhi-110026.

……..COMPLAINANT

 

VERSUS

 

Ansal Properties & Infrastructure Ltd.

(Through its Managing Director/Directors)

115, Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi-110001

 

 

       .... OPPOSITE PARTY

 

 

MEMBER : NIPUR CHANDNA

ORDER

Complainant purchased and got transferred flat bearing No. C-603 from M/S Tanzal Fruit Centre through its prop. Shamim Ahmed after making the payment of Rs. 2,35,143/- to him. It is alleged by the complainant that she had also paid a sum of Rs. 13,500/- to the OP on account of transfer charges. In certification of booking/transfer OP had issued him letter dated 10.03.2010.

          It is alleged by the complainant that she had made all the payment on time as demanded by the OP, as per the “schedule of payment” in ‘flat buyer’s agreement without any default.

          It is alleged by the complainant that the OP had to hand over the possession of the alleged flat within 36 months i.e. in December 2012 from the date of allotment, but the OP vide letter dated 26.12.2012 had informed her that Bhoomi Pujan had been done on 03.12.2012 and her flat no. had changed from C-0603 Block C to Block G,G-1203. Complainant requested OP through e-mail dated 5.01.2013 that her father in law is of 81 years of age and it is difficult for him to live on 12^th floor in this compelling situation asked OP to allot some other flat at a lower floor, on her request OP allotted her flat no. F-0502 on 5^th floor of F-Block.

          Complainant visited the site in February 2014 along with her father in law and found that there is not sign of construction, excavation of Block F or Block G, complainant met the official of OP and asked about the construction of alleged G-Block but official of OP gave one reason or other for delay in project.

          Complainant sent legal notice to the OP on 07.03.2014 calling upon the OP to complete the construction, but the OP did not comply with the same nor gave any reply. Complainant, therefore, approached this forum for the redressal of his grievance.

Complainant filed this present complaint against OP claiming the following relief:-

          “It is respectfully prayed that this Hon’ble Forum be pleased to hold that the opposite party is guilty of negligent and deficient service and that the opposite party has indulged in unfair trade practice and that the opposite party is liable to give the completed flat to the complainant immediately and also liable to pay a sum of Rs. 19,00,000/- ( Rupees Nineteen Lacs only) on account of losses, harassment, mental tension and agony suffered by the complainant due to the delay in handing over of the fully constructed flat to her.

            That pendent lite and future interest @24% per annum till realization of above mentioned amounts be also awarded in favour of the complainant and against the opposite party.”

          Notice has issued to the OP for 19.11.2014, on 19.11.2014 proxy Rajat Pahwa appeared on behalf of complainant, copy of complaint supplied to him, and matter was adjourned to 23.12.2014 for filing of WS by OP. Since none appeared on behalf of OP despite repeated calls, it was ordered to be proceeded with ex-parte.

          Complainant filed her ex-parte evidence by way of affidavit wherein she has corroborated the contents of his complaint.

          Complainant has placed on record the copy of Apartment allotee agreement, copy of letter dated 10.032013, copy of e-mail dated 05.01.2013, copy of legal notice dated 07.03.2014 along with its original postal receipts and copy of the photo of proposed site in support of his case.

          We have heard arguments advanced by the Ld. Counsel of both the parties. It is to be noted that OP was proceeded with ex-parte on 23.12.2014 but Ld. Counsel for OP joined proceedings at the stage of final arguments and also addressed arguments.

Section 11(1) of Consumer Protection Act,1986 reads as under:-

        Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed (does not exceed rupees twenty lakhs).

          In the present case, the complainant has prayed the possession of flat amounts worth Rs. 23,02,875/- beside the other relief against the OPs, the total prayed claim is beyond the pecuniary jurisdiction of this forum and exceeds Rs.20,00,000/-

        Under these circumstances the complaint is disposed as not being maintainable before this forum, being beyond pecuniary jurisdiction of this District Forum. The complainant is at liberty to file before the appropriate forum having jurisdiction.

       With above observations we direct that the complaint be returned to the complainant for filing before appropriate competent Forum.

File be consigned to the record room.

This final order be sent to server (www.confonet.nic.in ). A copy of this order each be sent to both parties free of cost by post.

 

Pronounced in open Forum on _______________.

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                           (H M VYAS)                                     (NIPUR CHANDNA)

                                                 MEMBER                                                  MEMBER