Delhi

New Delhi

CC/401/2010

Rattan Lata - Complainant(s)

Versus

M/S. U-Turn Housing Pvt.Ltd. - Opp.Party(s)

02 Mar 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/401/10                                                                                                                                                           Dated:

In the matter of:

MRS. RATTAN LATA

W/O. MR. S.K. GUPTA

R/O. H-24/25, CHAMPA MARG

DLF PHASE-I, GURGAON (HR.).

……..COMPLAINANT

       

VERSUS

1.     M/S. U TURN HOUSING PVT. LTD.

        1507, AMBA DEEP BUILDING

        KASTURBA GANDHI MARG

        NEW DELHI-110001.

 

2.     MR. NIKHIL TRIPATHI

        DIRECTOR –

M/S. U TURN HOUSING PVT. LTD.

        1507, AMBA DEEP BUILDING

        KASTURBA GANDHI MARG

        NEW DELHI-110001.

                         ………. OPPOSITE PARTIES

ORDER

Member:  Sita Ram Chaudhary

 

        After seeing advertisement in the leading newspaper that OP-1 was coming up with a project known as ‘SILVER CITY, Diggy Road, jaipur”, the complainant booked a plot measuring 400 sq. yards and paid a sum of Rs.4,00,000/-  by way of  cheque bearing no.952234 dated 12.4.2006. The OP issued the receipt no.0563 dated 14.4.2006.  At the time of advance payment and over the application of advance registration for allotment of property, it was precondition and commitment from the company that “Company will allot any unit within a period of six months from the date of advance registration or if the six months period crossed then company will pay an interest @ 9% p.a. for period after six months until refund” as Annexure C-2.  It is alleged that OP sent a cancellation notice dt.2.2.2007 for the aforesaid Plot and complainant replied on 14.2.2007 stating that due to hospitalization of her husband, she was unable to deposit amount in time and requested for further extension for few months and thereafter she also approached the office of OP-1 and asked about the allotment letter.  She wrote a letter dt.6.3.2007 to OP as she was in need of her dream house and OP replied on 19.4.2007 asked for further installments.  It is alleged that OP failed to deliver the details of the project and even not returned the booking amount till date.  Now complainant seeks refund with interest and filed this complaint.

        OP-1 & OP-2 filed joint reply and admitted that complainant has paid Rs.4.00 lakhs  and stated that she was allotted Plot No.SCP 400-002 by OP and complainant was bound and under the contractual duty to pay entire payment of Rs.11,00,000/- as per payment schedule indicated in the allotment details and she was also under contractual duty to pay additional charges in the shape of stamp duty, registration fee, municipal taxed, Govt. levis etc.  In the said document, it is explicitly written that in case of cancellation 25% of the total cost of the plot will be forfeited by the OP and complainant did not pay any payment except Rs.4.00 lakhs despite numerous reminder dt.20.11.2006, 21.11.2006, 30.11.2006 and 19.7.2007 (Annexure - R-2) and OP having no other alternative was constrained to issued cancellation notice dt.2.2.2007 to the complainant.  It is alleged that Consumer Forum cannot act as a recovery court and the complainant under the garb of Consumer Protection Act is trying to circumvent the benevolent provisions in her favour so as to recover  money.

        Admittedly complainant booked a plot measuring 400 sq. yards in the upcoming project of OP as ‘SILVER CITY’ Diggy Road, Jaipur and paid Rs.4,00,000/-  by way of  no.952234 dated 12.4.2006. The OP issued the receipt no.0563 dated 14.4.2006.  At the time of booking, OP promised that possession of plot will be given within 6 months from date of booking.  Due to hospitalization of her husband, she was unable to deposit amount in time and requested for further extension for few months and thereafter she also approached the office of OP-1 and asked about the allotment letter but further demands were raised by the OP. 

The complaint has submitted and brought on record the records of Govt. to show that OP was not allotted any land by Jaipur Development Authority, for allotment further and in fact the land use change notification was issued in 2008, while complainant collected money in 2006.  In many other cases we have held the OP played a fraud on customers on the basis of false advertisement. OP is unable to rebut any allegations and question of balance payment without valid and legal allotment does not arise.

        So, holding OP guilty of deficiency in service, we direct OP to refund Rs.4,00,000/- with interest @ 9% p.a. from date of booking till date of payment.  We further award Rs.50,000/- as compensation towards harassment including litigation cost.

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 02.03.2015.

 

                   

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER