Delhi

New Delhi

CC/1124/2012

H.K. Bagga & Anr - Complainant(s)

Versus

M/S. Suncity Projects Pvt.Ltd. - Opp.Party(s)

06 Jul 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/1124/12                            Dated:

In the matter of:

1. Mrs. H.K Bagga,

W/o Mr. Mahendra Singh,

2. Mr. Mahendra Singh,

S/o Sh. Charan Dass

Both R/o F-306,

Vikas Puri, New Delhi-110018

……..COMPLAINANTS

       

VERSUS

Suncity Projects Pvt. Ltd/,

N-49, 1^st Floor, Connaught Place,

New Delhi-110001

Through its Chairman,

Mr. Laxmi Narain Goel,

Also at:

1A, Park Street,

Opp. Pink City Petrol Pump,

MI Road, Jaipur, Rajasthan (India)

        ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

The complaint of deficiency alleged against OP is in relation to the Sun city Project Jaipur, promoted and marketed by advertisements to public. The complainant booked 22 sq yards plot with it and from time to time since date of application on 28.2.06 religiously deposited the demands under Development linked installment plan, and thus deposited RS.9,12,325/- vide Exhibits C-1/C-13. And made numerous visits till 2010, to the offices of the OP and met officers who always assured that the progress and development was in full swing. I t is alleged that lastly on 5,8,10 op issued a offer for possession with a demand of Rs.1,06,167. It is alleged by complainant that this offer is false only with a view to collect more money and that this offer of possession has been made without completion certificate from Jaipur Development Authority. He allegedly demanded the completion certificate, which OP failed to give before that he was sent a buyer agreement for signature containing unilateral conditions. He is much peeved at the silence of the OP in replying or acknowledging the numerous communications sent by him to OP, which has caused him untold misery and agony. He made a site visit and found that there was no development so far and thus sent a legal notice on 17.7.2012 for refund of amount deposited due to non completion of the plot as OP have no approvals from the competent authorities and they have simply collected the payments to use the Rs.4900/per sqm to more than Rs.10,000.- now. It is stated that complainant has not signed the buyers agreement sent to him and that it was ready to refund the amount deposited without anything more ,as the development is complete and it is offering plot to various persons.

We have considered the rival submissions. In our view the whole dispute centers on the allegation that the development is not complete as OP has so far no approvals from the competent authorities as the completion certificate is not share with the complainant or with the court. The OP has not cared to place the same before us also. In the given circumstances, it can be presumed that OP is avoiding the same issue. Nevertheless, since OP is willing to refund the amount deposited by complainant, we need not go deeper and we direct OP TO refund the deposit made, with a interest of 9 percent from the respective date of deposit and pay Rs.25,000/- for litigation expenses. Before that OP will show to complainant the completion certificate and approval if any and show genuine offer of possession so that he can think of getting the plot by paying the remaining balance and can get the plot registered in his name. In the case he is not able to show completion and approvals, he will refund the deposit with interest of 12 percent and pay Rs.50,000/- for deficiency and harassment caused to complainant by causing mental agony and also pay Rs.25,000/-.

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 06.07.2015.                    

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER