Delhi

New Delhi

CC/1405/2010

Jeevan Jyoti Gauba - Complainant(s)

Versus

M/S. Central Govt. Employees Welfare - Opp.Party(s)

10 Feb 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. 1405 /2010                                                               Dated:

In the matter of:

Sh. Jeevan Jyoti Gauba

S/o Late Sh. Lachhman Dass

346, Industrial Area,

Phase –I, Panchkula.          

                           ……..COMPLAINANT

VERSUS

Central Govt. Employees Welfare

Housing Organisation,

6^th Floor, A-Wing, Janpath Bhawan,

Janpath, New Delhi.

Through its Chief Executive Officer.                                                      ………OPPOSITE PARTY

 

H.M. VYAS-MEMBER 

 ORDER

The complaint under section 12 of Consumer Protection Act, 1986 has been filed stating that the complainant opted for the residential flat costing Rs. 06,21,349/- in the scheme of the OP. Flat no. 53 in block 3, 5^th floor, sector-11 Kharghar, Mumbai, was allotted.

The OP in its certificate mentioned that the complainant has been allotted a dwelling unit and OP has Marketable title besides stating that if a allotee  desires, he may mortgage the same to ICICI HFC Ltd. Sector 9, Chandigarh on first charge. The complainant thereafter, got sanctioned loan of Rs. 5,24,869/- and deposited with the OP vide receipt number 122883 dated 12/01/2006. The total amount deposited with the OP  comes to Rs. 5,74,769/- including registration as against the total cost of unit of Rs. 06,21,349/-. It is stated that the balance amount was payable at the time of possession. Waiting sufficiently long, complainant sent letter dated 28/07/2008 alongwith demand draft for the balance amount of Rs. 50,000/- dated 26/07/2008. The complainant received back the said demand draft of Rs. 50,000/- and then came to know that the OP had cancelled the allotment without affording  any opportunity to complainant. The complainant had already deposited more than 90% of total cost of the flat and the OP illegally cancelled the aforesaid allotted flat even without intimation to the ICICI HFC from where the loan was procured by the complainant for payment to the OP. Following prayer has been made:-

“The Hon’ble Forum may kindly be pleased to restore the Flat no. 53 in Block-3, 5^th Floor, Sector-11, Kharghar, Mumbai in favour of the complainant.

Kindly be pleased to award a sum of Rs. 1,00,000/- in favour of the complainant and against the OPs alongwith costs of present proceedings.

Any other relief(s) which this Hon’ble Court may deem fit and proper under the facts and circumstances of the present complaint be also passed in favour of the complainant and against the accused in the interest of justice.”

The OP contested the complainant and filed written statement/version stating that the OP had intimated to the complainant for payment of the balance amount and ultimately cancelled on account of non-payment of outstanding amount. It is also stated that the allotement was cancelled in the month of September,2006 in accordance with their rules. It is also stated that a number of letters demanding the amount was issued and the non-compliance/non-payment of the balance dues resulted in cancellation. In the allotment letter dared 07/04/2005. It was specified that entire payment of Rs. 06,21,349/- including earnest money Rs. 49,900/- was to be paid by the complainant by 06/10/2005 without interest or by 06/04/2006 with interest @18% per annum. It is stated that various notices dated 07/11/2005, 1312/2005, 10/02/2006, 13/04/2006 were issued and finally the allotment was cancelled and informed to complainant on 19/09/2006. Receipt of the total amount of Rs. 50,400/- and 5,21,869/- has been admitted. Prayer to dismissed the complaint has been made.

The complainant filed rejoinder and evidence by way of affidavit. The OP also filed  evidence by way of affidavit.

We have considered the material placed before us and the submissions made on behalf of parties with relevant provisions of law.

The undisputed facts are that OP allotted flat no. 53 in block 3, 5^th floor, sector-11 Kharghar, Mumbai to the complainant. The total cost of the said flat was Rs. 06,21,349/-. The OP admitted the receipt of Rs. Rs. 5,74,769/- as against the aforesaid cost. The letter dated 20/12/2005 and receipt of this amount subsequently to the sanction of loan is also undisputed. The OP  has filed cancellation letter dated 13/09/2007. The said cancellation letter finds specific reference to the OPs letter dated 13/04/2006. The letter dated 13/04/2016 as annexure 4. Which was cancelled by the OP has been filed on record by the OP.

Further, it is important to note that the cancellation letter is based on the letter dated 13/04/2006 which had already been cancelled by the OP. In these circumstances, the action of OP for cancellation the allotment based on the cancelled letter dated 13/04/2005 is totally self contradictory thus is clearly reflects unfair trade practice in our considered view. Further, the cancellation was not warranted after receipt of amount of 90% of the total cost of the flat. Since the Ld. Counsel for OP has categorically argued that the said scheme had already been closed and no unit/flat is available, therefore, we hold the OP to be deficient in service and adopting unfair trade practice. In such peculiar circumstances to meet the ends of justice, we direct as under:-

1. OP to refund the amount of Rs. 5,74,769/- alongwith 10% simple interest from the date of payment i.e. 12/01/2006 till date of realization.
2. OP  to pay a sum of Rs. 15,000/- as litigation cost and for mental tension.

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy of this order be sent to each of the both parties free of cost by post as statutorily required.  

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 10/02/2020.

 

 

      (ARUN KUMAR ARYA)

      PRESIDENT

(NIPUR CHANDNA)                                                                                      (H M VYAS)

            MEMBER                                                                                              MEMBER