Delhi

East Delhi

cc/1026/2013

asha gupta - Complainant(s)

Versus

NITISHREE INFRA. - Opp.Party(s)

30 Jan 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC. NO-1026/13

In the matter of:
Smt. Asha Gupta,

W/o, Shri Ashok Kumar Gupta

R/o. 291, Mayur Vihar Ph-II

Pocket-E, Delhi.                                

Complainant

Vs

M/s Niti Shree Infrastructure Ltd.

(Through it sDirectors Sh. Pankaj Jain)

78-B, Sector D-2, Group II, DDA Flats,

Kondli Gharoli, Mayur Vihar Ph-III,

•  

                                                                                                             Opposite Party

 

                                                                                        DATE OF ADMISSION-06/12/2013

                                                                                        DATE OF ORDER        -09/11/2015

ORDER

SH. N.A.ZAIDI, PRESIDENT

The brief conspectus of facts of the present complaint is that the complainant is lured by the advertisements of the respondents in news papers, magazines, pamphlets, etc. She approached M/s. Aashirwad Properties, an authorized representative of the respondent. On the assurance of delivery of possession of the plot within two years (24 to 30 months) of booking the complainant booked a 175 sq.yds. Plot at NH-24, Ghaziabad and has paid in all Rs.6,54,893/-which has been duly acknowledged by the respondent. A provisional allotment letter with Reference No.GP/738/STPL/GP/04-10-05, was issued by the respondent vide Dispatch No.840/03.02.07/175 allotting Plot No. C– 825 in favour of the complainant. On 16/01/2007 a demand letter for Rs.2,13,587/- was issued for payment towards the cost of the allotted plot and it was paid on 03/02/2007. Vide Letter dated 18/06/2012, the respondent intimated the complainant about the development of plots at their Shouryapuram Project and also advised her that to contact their designated officials for the process of registration of sale deed and clearance of balance payment. Vide Letter dated 07/08/2012, the respondent raised a demand of Rs.12,92,903/-, being 80% of the total cost of the plot wherein they had included the EFC and connectivity charges in the Basic Sale Price. The respondent has failed to deliver the possession of the plot to the complainant despite her several requests. Even legal notice dated 14/03/2013 served upon the respondent was of no consequence. The complainant has prayed for the refund of the booking amount of Rs.6,54,493/- along with interest of RS8,24,656/- @ 18% p.a. from the date of the payment, Rs.2,00,000/- for compensation for harassment, mental pain and agony meted out by her and Rs.5,000/- as the cost of this litigation.

            Respondent appeared in response to the notice issued to it and filed its written version wherein it has raised the pleas of territorial jurisdiction, limitation, mis-joinder of parties, and non-joinder of M/s. Aashirwad Properties as necessary party. It is alleged that the complainant has not approached this Forum with clean hands and the present complaint deserves to be dismissed. Rests of the allegations have been denied.

            No rejoinder to the written statement of the respondent filed by the complainant to rebut the contentions raised by the respondent. Only Evidence by way of Affidavit filed by the complainant in support of their respective cases.

            Heard and perused the record.

            The respondent has taken the preliminary objection regarding the maintainability of this complaint before this forum. They have raised the territorial jurisdiction as the whole sequence of event took place from their office located at NOIDA. It is further contended that no part of cause of action has arisen within the territorial jurisdiction by this forum. The properties are located at Ghaziabad on the other hand the complaint has pointed out that the registered office of the complainant is located at 78 B sector D-2, group 2^nd DDA Flats, Kondli Gharali, Mayur Vihar Phase III, Delhi-96. The transaction regarding the project in question was completed at their registered office. The amount in this case has also been deposited in Delhi. The cheque in this case was also issued at Delhi. The allotment in this case was communicated in Delhi, Demand Letter was also received in Delhi. In these circumstances this cannot be said that the court at Delhi has got no jurisdiction. We have perused the documents filed along with the complaint which support the contention of the complaint when the cause of action has arisen at Delhi Forum, at Delhi shall have the Jurisdiction. In these circumstances the plea raised by the respondent is devoid of merit and the forum at Delhi has got the jurisdiction to entertain the present complaint.

            The second issue which has been raised with regard to limitation. This allotment was intimated on 18/06/2012. The present complaint has been filed in 2013 with in 2 years from the last communication between the parties. Complainant have further alleged that the money deposited by the complainant for the plot is admittedly with the respondent and their letter dated 18/06/2012 further confirms that the respondent were not in a position to deliver the possession, as such the cause of action is continuing. In these circumstances the plea of bar of limitation has no force and devoid of merit.

 As per the terms and condition of the allotment it was the respondent who was to develop the plot and delivered the possession to the complainant. This plot was booked in the year 2007 and there is a condition that after of 07/02/2007, they shall charge the interest @ 24%. The entire documents placed on record shows that the possession was to be given in the year 2007. But the project is not yet ready for delivery of possession. The amount taken by the respondent without providing the facility and making development at the site, amounts to Unfair Trade Practice.

            We allow this complaint. We direct the respondent to refund to the complainant the entire sum of Rs. 6,54,453/- together with 9% interest thereon from the date of filing of complaint till it is finally paid. We further award the compensation of Rs.75,000/- which shall also include the cost of litigation. If this is not paid within 30 days from the date of the order, the complainant shall be entitled to 9% interest there on till this amount is finally paid.

The copy of the order be sent to the parties as per rules.

 

 

POONAM MALHOTRA                                                                                               N.A.ZAIDI

            MEMBER                                                                                                         PRESIDENT