Delhi

New Delhi

CC/1013/2010

Viveka Khanna - Complainant(s)

Versus

M/S. Jaipuria Infrastructure Developers Pvt. Ltd. - Opp.Party(s)

24 Feb 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/1013/10                                                                                                                                                                              Dated:

In the matter of:

1. Smt. Viveka Khanna,

        W/o Sh. Ranjeev Khanna,

2. Sh. Ranjeev Khanna,

        S/o Sh. Nand Lal Khanna,

Both R/o 729, Katra Neel,

Chandni Chowk, Delhi-110096

……..COMPLAINANTS

       

VERSUS

M/s. Jaipuria Infrastructure Developers Pvt. Ltd.,

Through its AR/Director,

12-A, Ahinsa Khard,

Indirapuram, Ghaziabad-201010

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

The complaint of deficiency alleged against OP is that despite execution of a sale deed in respect of unit no.B104 in the “Jaipuria Sunrise Green” project of OP, the OP did not give possession of the flat, besides certain other charges due from OP.

        The facts are that Complainant booked a flat/unit measuring 1587 sq. ft at bsp of Rs.1,300 plus Rs.75,000/- as other charges in OP’s Jaipuri Sun Rise Green bearing plot no.12A, Ahinsa Khand, Indira Puram, Ghaziabad through Bakey Bihari Agrotech Pvt. Ltd. and vide allotment letter no.541012 dated 12.08.04 was allotted unit no.D-104, with promise of possession of unit within 24 months from date of booking, which is not given filing of complaint in 2010. He seeks direction to give possession. He paid Rs.21,59,605 in total without possession of unit. Complainant allegedly came to know by news letter dated 12.02.07, that only 90% project has been completed till 2008. Therefore, for specific performance ustice he filed a suit bearing no.975/08 in Court of ADJ, Sh. Sanjeev Jain, Central Delhi, but on mutual settlement between the parties, OP agreed to execute the sale deed/documents, to give NOC and physical possession and after execution of sale deed complainant withdrew the suit vide order dated 14.12.09.

        Thereafter, when Complainant approached OP for sale documents, NOC and physical possession, OP demanded Rs.5,03,098/- as additional sum, which Complainant refused as he had aheads paid more than the greed price of Rs.17,89,290/- by paying Rs.21,59,605/-. OP reduced this additional arbitrary demand amount to Rs.3,30,000/- and stated only thereafter it will give possession & NOC, which was not acceptable by Complainant and also informed OP that he had already paid Rs.21,59,605/- more than required amount of Rs.17,89,290/- which was earlier demanded and asked for refund of excess of Rs.3,70,315/- along with 18% from Oct.2009. Complainant also stated that even an application was filed by OP in Court of ADJ, Patiala House Court, Delhi to restrain the complainant from creating any third party interest over residential unit, which Suit no.33/10 was dismissed by Court vide its order dated 03.05.10 of Sh. S.P. Garg, the District Judge.

        It is also alleged by Complainant that he have been deprived to use flat despite making excess payment and registered sale deed in his favor due to non delivery of sale documents and non delivery of possession of flat till date.

        Therefore this complaint was filed seeking physical possession, penalty for delay of possession, refund of excess amount along with interest and compensation for mental agony, harassment and litigation.

The OP has filed a reply stating that certain additional dues are still recoverable, which complainant did not pay; and without getting NOC from OP, got the sale deed executed.

The Complainant has brought on record an order of Ld. ADJ, in a suit no.62/14 filed by OP against Complainant for recovery of outstanding dues of Rs.6,26,355/-. It is seen that the said suit was dismissed by Ld. ADJ vide his order dated 04.06.14, holding that once sale deed was executed after accepting sale money, nothing was due and if it was wrongly executed, OP should have get it declared as null and void by a suit for declaration and cancellation of sale deed. The OP admits the dismissal of suit. It is not stated by OP, if it has appealed against the judgement, and thus it has become final binding.

We have considered the rival case. OP in its reply has admitted that no possession of the flat has been given to Complainant, despite dismissal of suit for dues against Complainant. OP has not denied the fact that Complainant has made excess payment by paying Rs.21,59,605/- as against basic price of Rs.17,95,790/- as per allotment letter. Assuming for the sake of arguments that miscellaneous charges were due from the Complainant, the same claim now stands dismissed by dismissal of suit for its recovery, and only judicial process could reverse it, and this Forum cannot do so. Once possession of the flat was promised within 24 months of allotment on 12.08.04, after failing maximum 30 months the same should have given in Feb.07. It is still not given. In the circumstances, OP is liable for delay in possession @ Rs.5 per sq. ft. from March 2007 till possession is given.

In the light of above discussion, we hold OP guilty of deficiency and direct OP

1. To give possession of the flat to Complainant.
2. Return the excess of Rs.1,71,505/- with interest of 9% from date of  excess payment toll realization.
3. To pay penalty for delay from March 07 till date of possession @ Rs.5 per Sq. ft.

 

 We also award compensation of Rs.2 lakhs to the complainant including of litigation expenses.

The direction as to possession and money, order be complied within 30 days failing which OP will pay interest @ 9% on the sum due under the decree.

The order shall be complied 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 24.02.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER