DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. NO. 210/15
1. Shri Lalit Mohan Sharma
S/o Shri Ram Rattan Sharma
R/o A-133, Sector 20
Noida- 201301
2. Smt. Seema Sharma
W/o Shri Lalit Mohan Sharma
R/o A-133, Sector-20
Noida- 201301
….Complainant
Vs.
M/s Nitishree Infrastructure Ltd.
Registered Office:
78B, Group D-2, Janta Flats,
Kondli, Gharoli
Mayur Vihar Phase-III, Delhi- 110096.
Also at
Corporate Office:
B-111, Sector -5, Noida-201301
…Opposite parties
Date of Institution: 26.03.2015
Judgement Reserved on: 02.04.2019
Judgement Passed on: 04.04.2019
CORUM:
Sh. Sukhdev Singh (President)
Dr. P.N. Tiwari (Member)
Ms. Harpreet Kaur Charya (Member)
Order By: Harpreet Kaur Charya (Member)
JUDGEMENT
The present complaint has been filed by Shri Lalit Mohan Sharma and Smt. Seema Sharma, complainants against M/s Nitishree Infrastructure Ltd, OP under Section 12 the of Consumer Protection Act, 1986 for unfair trade practice and deficiency in services.
Briefly stated the facts of the present complaint are that on 01.03.2008 complainants entered into Agreement to Sell for two bedroom flat bearing No. 403, 4th floor, Block C-B in the project named “Aura Abode” at 380-381, Bhovaapur, Pargana; Jalalabad, Tehsil and District Ghaziabad UP. It has been stated that though, the Agreement to Sell was entered on 01.03.2008 but as per clause 9 of the same, the possession of the flat was to be delivered on or before December, 2009. Despite payment of Rs. 1,45,500/- which was made through cheque No. 455168 dated 03.02.2008 drawn on HDFC bank, Rajnagar Branch, Ghaziabad, OP has failed to raise any construction in the said project, even after a period of 5 years have lapsed. Neither any construction has been raised nor any development work has been done at the site.
It has been further stated that the complainants on the assurance of OP had arranged loan from ING Vysya Bank, which was to be released on OP furnishing the documents of development. Several letters were written by the complainants requesting for refund of the booking amount, but all in vain. Legal notice dated 25.01.2015 was sent, which was neither replied nor complied. Hence, the present complaint with prayer for directions to OP to refund Rs. 1,45,500/- alongwith interest @24% per annum from 20.01.2008 till realization.
Copy of agreement dated 01.03.2008 (Colly.), Copy of receipt dated 24.01.2008, copy of allotment letter dated 01.02.2008, copy of sanction letter issued by ING Vysya Bank dated 23.02.2008, copy of letter dated 21.02.2012 alongwith postal receipt, copy of reminder through e-mail dated 03.07.2012 and 04.09.2012, copy of registered AD letter dated 28.09.2012, copy of Legal notice dated 25.01.2015 alongwith postal receipt, courier receipt have been annexed with the complaint.
Notice of the present complaint was served upon OP. Neither any reply was filed on their behalf nor they appeared despite service, hence they were proceeded ex-parte on 30.10.2015.
Evidence by way of affidavit was filed by complainants. Shri Lalit Mohan Sharma, was examined as CW1 and Smt. Seema Sharma deposed as CW2. They have repeated the contents of their complaint and have relied on the annexures annexed with it.
Counsel for OP appeared at the stage of arguments and the matter was listed for settlement on request of both the parties. However, no settlement could be arrived at.
We have perused the material placed on record and have heard the submissions made by the complainant. The complainant has placed on record the agreement to sell. As per clause 9 of the agreement to sell, the possession of the said apartment to the allottee was to be delivered by December, 2009 with a grace period of 3 months. The date of institution of present complaint is 26.03.2015 which is after more than 5 years from the date when the possession was to be handed over to the complainants. The complainants have also placed on record a copy of receipt dated 24.01.2008 in support of the payment made by them. Since, the OP has miserably failed to deliver the possession as per terms and conditions of the agreement we hold them deficient in services, and thereby, direct OP to refund Rs. 1,45,500/- alongwith interest @9% per annum from the date of handing over the possession i.e. April, 2010 till realization. We further award compensation of Rs. 10,000/- on account of deficiency in services.
This order be complied within 30 days from the date of receipt of this order else compensation of Rs. 10,000/- shall also carry interest @9% per annum from the date of order till realization.
Copy of the order be supplied to the parties as per rules.
File be consigned to Record Room.
(HARPREET KAUR CHARYA) (SUKHDEV SINGH)
Member President
