Delhi

New Delhi

CC/1394/2010

Sameer Chopra - Complainant(s)

Versus

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

10 Mar 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/1394/10                                                                                                                                                                              Dated:

In the matter of:

Sh. Sameer Chopra,

A-3/11 Jiwan Jyoti Apartments,

Pitampura, Delhi-110034

……..COMPLAINANT

       

VERSUS

M/s. Asnal Properties & Infrastructures Ltd.,

115, Ansal Bhawan, 16, K.G. Marg,

New Delhi-11001

                                         ………. OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

 

The Complainant had booked a residential apartment in upcoming project of OP at Sonipat measuring 154 sq.m. as per flat buyer agreement dated 12.04.07 as per Exh.C1 with a booking amount and subsequent installments amounting to Rs.5,76,923/- as per receipts numbers 424325 dated 06.02.06 for sum of Rs.2,50,000/-, receipt no.450709 dated 03.0107 for sum of Rs.59,375/- and receipt no.471067 dated 30.08.07 for a sum of Rs.2,67,578/-, which is admitted by OP as per Exh.C2. As per flat buyer agreement OP was supposed to deliver the possession of flat in question within 30 months dully sanctioned plan by the competent authority but OP remained silent on this part. Consequently complainant started persuading the said project. He noticed at site that there are no activities of construction at site or any response from OP side either at site or office. Ultimately complainant sent a legal notice after lapse of 30 months and complaint was filed as per Exh.C3 and a letter received from OP dated 03.08.10 where he admitted that the flat belongs to complainant in said tower construction has not been started due to some force majeure.

Further OP has admitted in W.S regarding flat buyer agreement and also not disputed on amount deposited by complainant in Para4 & 5 as per letter dated 22.03.10. OP has also not disputed over 30 months supposed to give possession to the complainant in Para7 of W.S but disputed on payments whereas OP had already sent a letter of regret not to deliver the possession due to force majeure which clearly denotes deficiency on the part of OP who deliberately collected money from consumer & not delivered the goods within stipulated period as per flat buyer agreement which is violation of contract as well as unfair trade practices on the part of OP. No fore majeure circumstances are place on record except a bald plea. It has also taken a false plea that complainant had to pay total payment in advance as agreement shown, it is construct-linked. OP has admitted that tower where he has booked did not start; complaint is justified in cancelling the booking in such circumstances.

We hold OP guilty of deficiency and direct OP to refund Rs.5,76,923/- along with 15% interest from the date of last deposit till payment. We also award Rs.75,000/- as compensation for harassment inclusive of litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP 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 10.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER