Before the District Consumer Disputes Redressal Forum,
Sonepat.
Complaint No.190 of 2013
Instituted on:12.04.2013
Date of order:22.01.2015
Seema Batas & Sanjay Batas residents of H.No.222, Sector 21B, Faridabad.
...Complainants.
Versus
Omaxe Construction Ltd. Registered under Companies Act 1956, having its Regd. Office at 7, Local Shopping Centre, Kalkaji, New Delhi-110019 through its authorized signatory Rajiv Chaudhary, 7, Local Shopping Centre, Kalkaji, New Delhi-110019.
...Respondent.
COMPLAINT UNDER SECTION 12 OF
THE CONSUMER PROTECTION ACT,1986
Argued by: Sh. Vikas Sharma Adv. for complainants.
Sh. HO Sharma Adv. for respondent.
BEFORE- NAGENDER SINGH, PRESIDENT.
SMT.PRABHA WATI, MEMBER.
D.V.RATHI, MEMBER.
O R D E R
The complainants have filed the present complaint against the respondent alleging therein that they applied for the allotment of flat and the respondents allotted apartment/flat no.705 on 7th floor at Majestic Tower in Omaxe City measuring 1164 sq. yards at the rate of Rs.1300/- per sq. feet total amounting to Rs.15,13,200/-. After execution of the agreement, the size of the said flat was extended from 1100 sq. feet to 1164 sq. feet. The respondents vide letter dated 15.1.2011 informed the complainants that they have allotted flat no.705 on 7th floor in Majestic Tower in Omaxe Heights Sonepat against the application dated 15.9.2005 and against the payment of Rs.6,63,110/-. But the respondent has failed to deliver the physical possession of the said flat and due to this, the complainants suffered unnecessary mental agony and harassment. The complainants also issued a legal notice dated 5.3.2013 to the respondent requesting to hand over the physical possession of the flat and if the respondent is unable to make the allotment of the said flat, then to refund the deposited amount alongwith interest and compensation to the tune of Rs.11,75,000/-, but the said legal notice has not brought any fruitful result. So, they have come to this Forum and has filed the present complaint.
2. In reply, the respondent has submitted that the sole intention of the complainants is to take benefit of their own wrongs. The Cost of the flat is Rs.21,98,960/- and additional charges and interest. The complainants paid only Rs.643110/-. Despite repeated requests, they have not made the remaining payment. So, the complainants are not entitled for the physical possession of the flat on payment of only such initial amount. The respondent has denied the fact that the installments which were due towards the complainants, has been deposited by them regularly & as per rules and regulations. Thus, the respondent has cancelled the allotment and has communicated to the complainants vide letter dated 15.6.2011 and on the persistent default of the complainants, the amount of Rs.3,02,644/- paid by her towards booking amount was stand forfeited due to the resistant loss to the company. The complainants have not suffered any mental agony or harassment at the hands of the respondent and thus, prayed for the dismissal of the present complaint since there is no deficiency in service on the part of the respondent.
3. The respondent in support of their case has placed on record the affidavit Ex.RW1/A and documents R1 to R8.
3. We have heard the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely. We have also perused the written arguments submitted by the learned counsel for the complainant very carefully and minutely.
4. In the present case, the complainant has placed on record the copy of letter Annexure C17 which was written by the respondent to the complainant, in this letter, it is written that “We are pleased to allot you flat no.705 at 7th Floor in Majestic Tower in Omaxe Heights Omaxe City Project at Sonepat.
Vide letter dated 15.6.2011, the complainant has written a letter to the respondent, the contents of which are reproduced below:-
“With regard to the flat no.705, Majestic Tower, we have give the original amount of Rs.3 lacs in Sep/2005, Rs.205 lacs in May 2006 and Rs.1.42 lacs in Dec/2006. Also for the above flat no.705, the agreement with Omaxe has also not been signed. We have visited the site many times to see the progress, but as per the schedule of payment, the work was way behind. We contacted Omaxe Ltd. to know about the possession of the above two flats, but no specific rely was given to us. Please refer to your letter dated 10.6.2010 wherein you have asked for the balance amount and also given offer for possession within 3 months. NO mention of the interest was made in the letter. We again visited the site in July, 2010, and find out that the flats were in no position to be given within 3 months. Omaxe has gain and again being giving wrong information to the allottees.”
Further from the pleadings of the complaint and reply filed by the respondent, it is established that the agreement has not been signed by the complainant upto 15.6.2011 i.e. the day on which the complainant has written the above said letter to the respondent.
As per the respondent, they have canceled the allotment of the complainant vide letter dated 156.2011. So, the e-mails on which the complainant is relying upon are not helpful to the complainant because these e-mails are after the date of cancellation of the flat by the respondent.
The perusal of the document Annexure C17 available on the case file further shows that the agreement in duplicate was sent by the respondent to the complainant. But the complainant has not placed on record the copy of agreement before this Forum. The respondent has written various letters to the complainant which were duly received by the complainants. The complainants have the knowledge regarding the letters written by the respondents because the complainants have also placed on record the copies of letters written to them by the respondents.
During the course of arguments, the complainants have submitted that they have taken the loan in respect of the flat in question. But no name of the bank, amount of installment and period of loan has been disclosed by the complainants.
In our view, wrong pleadings have been made by the complainant and the complainants are not entitled to get relief qua the respondent on the basis of the wrong pleadings. However, this Forum can well understand that the complainants have invested their hard earned money with the respondent and they are entitled to get refund of their amount of Rs.6,43,110/- from the respondent. Accordingly, we hereby direct the direct the respondent to make the payment of Rs.6,43,110/- to the complainant within a period of 30 days from the date of passing of this order, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its realization.
With these observations, findings and directions, the present complaint stands disposed off.
Certified copy of this order be provided to both the parties free of cost.
File be consigned to the record-room.
(Prabha Wati Member) (DV Rathi Member) (Nagender Singh-President)
DCDRF, Sonepat. DCDRF Sonepat DCDRF, Sonepat.
Announced: 22.01.2015
