Delhi

New Delhi

CC/347/2018

Sarla Sagar - Complainant(s)

Versus

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

11 Mar 2020

ORDER

 

 

                                       CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

                Case No.CC.347/2018                                             Dated:

 In the matter of:

Mrs. Sarla Sagar

R/o – 18 , Hargovind Enclave,

2^nd Floor, Main Vikas Marg,

Delhi – 110092                                                                                                                                                                                                                                                                                                                         ....COMPLAINANT

VERSUS

         M/s Ansal Properties & Infrastructure Ltd.

         Having  its Registered Office at

         115 Ansal  Bhawan, 16 Kasturba Gandhi Marg,

          New Delhi-110001                                                                                                              ...OPPOSITE PARTY

 

 

   ARUN KUMAR ARYA-PRESIDENT

 

O R D E R

 

 

The complainant has filed the present complaint against the O.P. under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant purchased a Built House/ Built up Unit on plot no. A/4/424 having plot area  of 465 sq. ft. (43.19 sq. mtrs.) approx in the scheme called “ Sushant Golf City” for Rs. 7,34,063/- and the complainant made payment of Rs. 6,78,443.75/- till date as construction linked payment

plan by way of Buyer‘s Agreement on 22/02/2008. As per clause 20 of the Purchaser’s Agreement dated 22/02/2008 executed between OP and the complainant, the project/ apartment was to be completed / delivered within 2 years of the date of commencement of the construction i.e. the apartment was to be delivered on or before 05/01/2013 since the date of signing  the agreement. But the OP was not able to offer the possession inspite of elapse of more than 5 years from the date of signing of the agreement. Further to regenerate timely payments of the installment, it is stated in the clause no. 10 of the agreement  that the timely payment of installments is the essence of the contract and in case the payment is not made timely then it shall charge 18 % from the complainant. OP themselves have failed to give the possession in the said period. It is further mentioned in para 20 that the OP will start charging holding charges of Rs. 5 per sq. ft in case the possession is not taken within 60 days  of offer for possession. The complainant paid Rs. 678443.75/- approx upon which if complainant is paid interest  @ 18% p.a.  than one month interest  alone can comes out to Rs. 10,176/-. None of the clause mentioned in the agreement  safeguard the interest

of the complaint. Alleging deficiency in service on the part of

 OP, complainant prayed for a sum of Rs. 6,30,199/- along with 18% p.a. , Rs. 1,00,000/- as compensation towards  mental harassment and Rs. 50,000/-  as litigation cost.

 

Notice of the complaint was sent to the OP but  none appeared on behalf of OP, therefore, it  was ordered to be proceeded with Ex-parte on 01/05/2019.

 

Complainant has filed her evidence by way of affidavit wherein he has corroborated the contents of its complaint.

 

 

We have heard argument advance at the Bar and have perused the record.

 

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true. 

 

Bare perusal of the complaint proves that the OP had negligently dealt with the grievance of the complainant. The OP never completed the project, so, non-refunding the money by the OP till date amounts to deficiency in service.

 

We, therefore, hold the OP guilty of deficiency in service and direct it as under:

1. OP is directed to pay a sum of Rs. 6,30,199/- alongwith @9% simple interest from the date of filing of the complaint i.e. 06/09/2018.
2. Litigation cost of Rs. 10,000/- including mental agony and harassment.

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on:  11/03/2020.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                (ARUN KUMAR ARYA)

                                                                      PRESIDENT

 

          (NIPUR CHANDNA)                                                                                     (HM VYAS)

             MEMBER                                                                                        MEMBER