Haryana

Sonipat

191/2013

VANDNA SAHNEY W/O VINISH SAHNEY - Complainant(s)

Versus

OMAXE CONSTRUCTION LTD. - Opp.Party(s)

VIKAS SHARMA

12 Apr 2013

ORDER

Before the District Consumer Disputes Redressal Forum,

   Sonepat.

                            

 

                             Complaint No.191 of 2013

Instituted on:12.04.2013

                             Date of order:22.01.2015

 

Vandna Sahney wife of Vinish Sahney, resident of H.No.1397, Sector 15, Sonepat.

                                      ...Complainant.

 

                      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 complainant.

           Sh. HO Sharma Adv. for respondent.

         

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          The complainant has filed the present complaint against the respondent alleging therein that Ajay Arya son of late Shri M.L. Vaidh applied for the allotment of flat and he deposited  Rs.3 lacs vide receipt dated 21.9.2005 and later-on, an agreement was executed by the respondent with Ajay Arya and the respondent allotted flat no.803 in Omaxe Heights, Sonepat in the name of Ajay Arya, who later-on on receipt of the entire consideration, transferred the flat no.803 in the name of the complainant with due permission. The complainant paid further amount of Rs.2,00,500/- on 11.4.2006 after transfer of the said flat in the name of the complainant, but the respondent has failed to deliver the physical possession of the said flat and  the respondent also did not develop that area till date and due to this, the complainants suffered unnecessary mental agony and harassment. The complainant also issued a legal notice dated 15.2.2013 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 complainant is to take benefit of her own wrongs.  The Cost of the flat is Rs.21,98,960/- and additional charges and interest. The complainant paid  only total sum i.e. Rs.5,00,500/- upto 11.4.2006.  Despite repeated requests, the complainant has not made the remaining payment. So, the complainant is 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 complainant, has been deposited by her regularly & as per rules and regulations.  Thus, the respondent has cancelled the allotment and has communicated to the complainants vide letter dated 11.3.2010  and on the persistent default of the complainants, the amount of Rs.3,00,000/- 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 and documents R1 to R5.

4.       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.

5.       In the present case, the complainant vide letter dated 25.5.2012 has written a letter to the respondent thereby requesting to forfeit the amount of Rs.5,00,500/- in any other project and this letter was duly received by the respondent.

         The bare perusal of the documents itself shows that initially the flat was allotted to one Ajay Arya and he sold the same to the complainant.  This intimation wasgiven to the respondent.  The complainant herself has produced the documents C3 to C6 i.e. letters regarding demand of installments by the respondent officials.  So, it seems that the complainant has received these letters from the respondent for depositing the installments in respect of the flat. 

         Further bare perusal of the document Annexure C13 i.e. notice itself shows that an agreement was executed between the parties.  But the complainant has not produced any copy of agreement before this Forum.  In the pleadings, the complainant herself has pleaded in para no.4 of the complaint that an agreement was executed between the complainant & respondent.  But from the documents available on record, it proves that there is no agreement signed between the parties.  The complainant has wrongly pleaded that she has signed the agreement.

         The respondent has also placed on record several letters Ex.R1/A to Ex.R1/E and has also placed on record alongwith the reply of application for filing the original agreement. The perusal of the same shows that the agreement is blank and it is neither signed by the complainant nor signed by the respondent.

         On one hand, the complainant has requested the respondents to forfeit the amount of Rs.5,00,500/- in any other project and on the other hand, the complainant by way of present complaint has pleaded that the respondent has failed to deliver the physical possession of the flat/apartment to the complainant.  The document Annexure c4 shows that the complainant has deposited only one installment of Rs.500500/- at the time of booking and except this amount, the complainant has not deposited any other amount with the respondents.   The complainant herself has not signed the agreement

as no copy of the agreement is placed on record by the complainant.  In our view, the complainant herself remained reluctant and negligent because she has made default in making the payment of installments to the respondent.  If the complainant would have been regular in making the payment of installments to the respondents, in that event, the case of the complainant would have been different from the present pleadings.

         The complainant by way of present complaint has sought the refund of Rs.5,00,500/-.  In our view, the complainant is entitled to get refund of her amount from the respondents.  Accordingly, we hereby direct the respondent to make the payment of Rs.5,00,500/- 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