CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.:175/2020
Abhishek Kumar Mishra
S/o Sh. Nitya Nand Mishra
R/o A-N-218, Shalimar Bagh,
Delhi- 110088 …..COMPLAINANT
Vs.
M/s Raheja Developers Limited
Through its Managing Directors
Having its registered Office at:
W4D, 204/5, Keshav Kunj Chariappa Marg,
Western Avenue, Sainik Farms,
New Delhi - 110062 …..RESPONDENTS
Date of Institution- 29.10.2020
Date of Order- 04.10.2024
O R D E R
RITU GARODIA-MEMBER
- The complaint pertains to deficiency in service on the part of OP.
- Facts as stated in the complaint are that OP launched a group housing scheme known as “RAHEJA’S ARANYA CITY” in Sector-11 and 14 in villages Raipur and Sohna, Gurgaon. It is alleged that the officials of the OP made various lucrative representations. The complainant applied for a plot in the said housing project vide an application dated 08.05.2012 and paid Rs.8,28,280/- at the time of application. OP, in the month of July, made a further demand of Rs.20,95,700/- which was also paid by the complainant. These payments were made before signing the Builder Buyer Agreement.
- It is stated that after few days, the complainant was allotted a plot in the said project. That after some further time lapse, he was sent a Builder Buyer’s Agreement. OP. promised to handover the possession of the plot within 36 months from the date of execution of the Agreement. OP also provided a payment schedule. The complainant paid regular instalments. The above amount included extra charges like service tax and interest on delayed payment @18% per annum.
- It was mentioned in the Agreement that the possession will be given from within 36 months from the date of execution of Agreement. As per clause 4.2 of the Buyer’s Agreement, OP agreed to pay a compensation @Rs.50/- per sq. yd. per month for the period of delay. It is alleged that OP asked the complainant to sign the Agreement and no modification was entertained by OP.
- The complainant submits that the possession of the plot has not been given by OP till date. The complainant regularly visited the site but was surprised to see that the development of the infrastructural facilities were never in progress. It is alleged that the site seemed to be an abandoned piece of land with no development of any facilities that were promised.
- The complainant prays for refund of Rs.94,98,001/- with interest @18% and Rs.5,00,000/- towards mental agony, harassment and litigation.
- OP in its reply states that the complaint is barred by limitation as the cause of action as per the complainant arose on 21.08.2017 when possession of the plot in question was to be handed over and execution of conveyance deed was to be done.
- On merit, OP states that Application Form was executed on 04.05.2012 and Agreement between the parties was executed on 21.08.2014. OP further states that the complainant paid Rs.8,28,280/- towards the booking of plot. OP also admits that further payments were also made by the complainant as per the agreed terms and conditions.
- OP states that under Clauses 4.2, 4.3 and 4.4, the time period for possession was tentative and subject to various factors.
- OP states that plot which were booked by the home buyers in phase-1 have already reached the stage of handing over. The plot booked by the complainant will be handed over immediately upon receiving approval from the authorities. OP prays for dismissal of the complaint.
- The complainant has filed rejoinder re-iterating the averments made in the complaint.
- The complainant has filed its evidence by way of affidavit and exhibited the following documents:-
- Copy of the Builder Buyer Agreement is exhibited as EX PW 1/A.
- Copy of the details of payments made to OP is exhibited as EX PW 1/B.
- OP has filed its evidence by way of affidavit and exhibited the following documents:-
- Copy of booking application form is exhibited as Exhibit RW1/1
- Copy of latest ledger of the complainant payment is exhibited as Exhibit RW 1/2.
- The Commission has considered the material and documents on record. The Agreement is executed between the parties on 21.08.2014. Clause 4.2 of the said Agreement provides for possession of the plot within 36 months with a grace period of six extra months from the date of execution of the Agreement. The said clause also provides for penalty on the buyer @ Rs.50/- per sq. yd. if the buyer does not take possession within 30 days from the date of intimation. Clause 4.3 addresses the consequences of the failure to provide possession in instances where infrastructure facilities have not been developed by governmental agencies. Clause 4.4 outlines the conditions under which Force Majeure may be invoked. OP has asserted that necessary approvals from the relevant authorities have not been obtained. However, OP has failed to submit or provide any documentation or details regarding the approvals sought and not granted.
- The payment plan shows that the complainant had to pay a total amount of Rs.97,65,781.00 +ST+RC. The ledger details by OP dated 08.04.2020 reveals:
Received till 08-Apr-2020 (99.99%)9,277,056.64
-
Total due amount 5,18,724.36
- OP has admitted that the plot booked by the complainant will be handed over after receiving approval of the authorities. Thus, it is clear that the plot booked by the complainant in August, 2014 has not been handed over despite the terms of the Agreement which provided possession within 36+6 months from the date of Agreement. OP has further admitted that the possession of the plot was to be handed over by 21.08.2017.
- It is evident that the complainant has paid Rs.92,77,056.64/- and has not received possession till date even after paying more than 90% of the cost of the plot. The Apex Court in Fortune Infrastructure V/s Trevor D’lima (2018) 5 SCC 442 has held a person cannot be made to wait indefinitely for possession of flat allotted to him and is entitled to seek refund of the amount paid by him along with compensation.
- Hence, we find OP guilty of deficiency in service in not giving the possession of plot and direct OP to refund Rs.92,77,056.64/- with interest @9% p.a. from the date of payment till realization along with Rs.10,000/- as compensation for metal agony and Rs.5,000/- for litigation expenses.
- Order to be uploaded and complied with within 30 days and file be consigned to Record Room.
